Terms of Service

ePawnMarket Inc.  Terms of Service and Use

 

PLEASE READ THESE TERMS OF SERVICE AND USE CAREFULLY.  BY ACCESSING OR USING ePawnMarket.com IN ANY MANNER INCLUDING BUT NOT LIMITED TO VISITING, BECOMING AN ACCOUNT HOLDING MEMBER,  ENGAGING IN ANY BUY, SELL, TRADE, AND/OR PAWN TRANSACTION, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND USE AND ALL TERMS INCORPORATED BY REFERENCE.  DO NOT USE THE SITE IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND TO THE PRIVACY POLICY/PROCEDURES.

 

Welcome to ePawnMarket's website located at www.ePawnMarket.com (“Site”).  These Terms of Service and Use (“Terms”) apply exclusively to your access to and use of the Site.  These Terms do not in any way alter other terms or conditions of other agreements or contracts you may have made or will make with ePawnMarket Inc (“us”, “we”, “our”).  If you are using or accessing the Site on behalf of any entity, you represent and warrant that you are authorized to accept these terms on behalf of that entity and agree to indemnify you and ePawnMarket Inc. for its violations of these terms.  ePawnMarket Inc. is a licensed Corporation in the state of Georgia and is authorized and licensed to do business as a Pawnbroker in the County of Habersham, Georgia.  ePawnMarket Inc. complies with Federal, Georgia State, and County statutes and laws governing pawnbrokers and governing the purchase of tangible personal property (“Property”) as well as making Pawn Loans.  We also operate as a Buy, Sell, Trade, and/or Pawn Internet Commerce Site and comply with Federal, Georgia State, and County laws and statutes governing such trade.  By interacting with our site in any manner, engaging in any Buy, Sell, Trade, and/or Pawn transaction, visiting our Site, or becoming an account holding member, you acknowledge and agree that any transaction including but not limited to a Pawn Loan transaction is consummated at our Habersham County, Georgia Location.  

 

These Terms are separated into two parts.  Part one applies to all users and visitors to our Site.  Part two applies to any person or entity that engages in any Buy, Sell, Trade, and/or Pawn Transaction with ePawnMarket Inc.  We reserve the right to change or modify these Terms or any policy or guideline of the Site at any time and in our sole discretion.  Any changes or modifications will be effective immediately upon posting and you waive any right you may have to receive specific notice of such changes or modifications.  Your continued use of or visiting the Site after such modification or changes have been made will confirm your acknowledgment of said changes and confirm your acceptance.  You should frequently review the Terms and Policies of the Site to ensure that you understand the terms and conditions that apply to you.  

 

If you have questions regarding the use of the Site, Please contact us directly by phone, email, or written mail using the contact information located in the Contact Us section of this Site.

 

Table of Contents

 

Part One:  Terms for All Site Users

 

Privacy Policy

Eligibility, Registration, and Accounts

Ownership of Site Content

Trademarks

Hyperlinks

Acceptable Use of the Site and User Conduct 

User Content and Submissions

Product Reviews

Indemnification 

Disclaimers

Limitation of Liability

Changes or Alterations to the Site

Applicable Law and Venue

Termination and Severability

 

Privacy Policy

 

Please refer to our Privacy Policy located at (www.ePawnMarket.com/privacypolicy) for our Privacy Policy and Privacy Procedures.  This Policy defines how we collect, do not share personal information, do share personal information, and use information collected or provided.   

 

Eligibility, Registration, and Accounts

 

This site is intended for visitation, navigation, use, and engaging in Buy, Sell, Trade, and/or Pawn transactions by persons eighteen (18) years old or older and/or legal age by the state of Georgia to engage in Internet Commerce or Pawn Transaction.  You are also only eligible for use or visitation of the site provided you may legally enter into a Buy, Sell, Trade, or Pawn transaction in the State of Georgia and if you choose to access the site from a physical location other than the State of Georgia you do so by your own choice and freely accept the liability to ensure your actions and agreements comply with local laws and guidelines that apply to you specifically.  You also warrant that you have not been previously suspended from the site, do not have more than one ePawnMarket account, and that you have full authority and power to to engage into this agreement.  You agree to provide accurate and up to date information.  You agree to maintain the security of your user ID and password and accept full responsibility associated with unauthorized access.  

 

Ownership of Site Content

 

This Site and all content and materials on the Site, including but not limited to the ePawnMarket  logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof ("Site Content") are the proprietary property of ePawnMarket or its affiliates, licensors, suppliers or users and are protected by U.S. and international copyright laws.   Any other use of the Site or the Site Content, without the prior written permission of ePawnMarket Inc., is strictly prohibited. Such unauthorized use may also violate applicable laws, including but not limited to copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by implication or otherwise. 

 

Trademarks

 

“ePawnMarket" the ePawnMarket logo and other ePawnMarket products or service names, logos or slogans that may appear on this Site are or are applied for trademarks or registered trademarks of ePawnMarket Inc. and may not be copied, imitated or used, in whole or in part, without the prior written permission of ePawnMarket Inc. or the applicable trademark holder. 

 

Hyperlinks

 

You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes.  This right is granted provided such link does not portray ePawnMarket Inc. or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. We accept no liability for described hyperlinks including but not limited to accuracy and/or content of the originating site nor the conduct or content of such site.  Such sites are not under the control of ePawnMarket Inc.  Inclusion of any link does not imply affiliation, endorsement or adoption by ePawnMarket Inc. of any site or any information contained therein.  You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

 

Acceptable Use of the Site and User Conduct 

 

By using or accessing our website in any manner you agree to not use the Site for any unlawful purpose or any purpose that falls in violation to these terms and agreement.  You also agree to not use the site in any manner that might damage or stress the site.  We do not grant the right to retrieve address information from the sight to be used in spam mail, advertising, soliciting, or any undefined manner.  No person or entity has the right to utilize any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Site or to extract data from ePawnMarket.com or affiliates we may be linked with.  We do not grant the right to utilize any programming or reverse engineering that may discover source code or bypass measures in place to prohibit such an act.  No individual or entity has right to use or attempt to use another's account without permission or authorization from the original and rightful account holder.  We do not grant right to access service areas of the site without authorization from ePawnMarket.com.  No entity or individual may use our site or any site content in any manner to give impression of affiliation with ePawnMarket Inc. without written permission or authorization.  ePawnMarket Inc. will not be held liable in any manner for third party products listed and/or warranted by said third parties in the Market Place section of our site.  In some cases ePawnMarket Inc. may act as an agent selling personal property for a third party and/or may allow a third party to share our Internet Commerce space.  In such cases we accept no responsibilities for third party products, pricing, warranties, or any undefined liability pertaining to third party items and reserve the right to portray these items as third party listings or not to specifically identity the items as third party listings.  All Buy, Sell, Trade, and/or Pawn transactions carried out on ePawnMarket.com are governed by these terms and comply with Federal, Georgia State, and Local government laws and regulations.

 

User Content and Submissions

 

ePawnMarket Inc claims no control over user content posted or provided by form to ePawnMarket.com and by submitting or posting content to the site such as product description, pictures, values, etc. you agree to grant ePawnMarket Inc. and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and full  right to use, reproduce, publish, distribute, and display such User Content on the Site and on third-party sites. You have the right to remove any and all content you have posted by written request sent to the mailing address located in the Contact Us portion of this Site.

By posting content you confirm that the described content is non confidential and that you are authorized to post such content and authorized to grant these described rights pertaining to such content.  You also confirm that any content you add to the site or submit by form is accurate and non damaging or harmful to any party involved directly or indirectly.  You agree that any information and/or content uploaded, added, or submitted by form complies with all Federal, Georgia State, and Local laws and regulations that govern ePawnMarket Inc.  

 

Product Reviews

 

If you offer a Product Review, you agree to state your opinions lawfully, honestly and in good faith and to reveal to others any conflict of interest or relationship that might influence your views . All Product Reviews are strictly the opinion of the user posting such reviews, and ePawnMarket Inc. does not endorse or approve any such reviews or have any responsibility or liability for the accuracy, appropriateness or content of such reviews. 

 

Indemnification

 

You agree to defend, indemnify and hold harmless ePawnMarket Inc, its subsidiaries, affiliates, officers, agents, partners, members, employees, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your use of the Site, any User Content you post, upload, submit by form,use, distribute, store or otherwise transmit on or through the Site, your violation of these Terms, your violation of any rights of another, your conduct in connection with the Site. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provision above may not apply to you. 

 

Disclaimers

 

ePawnMarket Inc. DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, NON-INFRINGEMENT, PRIVACY OR SECURITY AND CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. ePawnMarket Inc. does not represent or warrant that the Complete Site is accurate, complete, reliable, current or error-free. ePawnMarket Inc. does not represent or warrant that the Site or its servers are free of viruses or other harmful components.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.

 

Limitation of Liability 

 

IN NO EVENT SHALL ePawnMarket Inc., ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF, OR INABILITY TO USE, THE COMPLETE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY THE USER ON ANY INFORMATION OBTAINED FROM ePawnMarket, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ePawnMarket Inc. RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ePawnMarket, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, OR ONE HUNDERED AND FIFTY ($150.00) DOLLARS, WHICHEVER IS GREATER, TO ePawnMarket Inc. FOR ACCESS TO OR USE OF THE COMPLETE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. 

 

Changes or Alterations to the Site

 

ePawnMarket Inc. reserves the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notice. You agree that ePawnMarket Inc. will not be liable for any modification, suspension or discontinuance of the Site or any part thereof. 

 

Applicable Law and Venue

 

ePawnMarket Inc. is a Georgia Corporation licensed and authorized to do business in the State of Georgia and the County of Habersham as a Buy, Sell, Trade, and/or Pawn website and physical location of business.  All Pawn Loan transactions are subject to be reported to local law enforcement including but not limited to personal information connecting individuals or entities involved in the particular Pawn transaction as well as the extent of their involvement.  ePawnMarket Inc. complies with Georgia statutes and laws governing pawnbrokers and the purchase of tangible personal property (“Property”) with the option to repurchase (each, a “Pawn Loan”).  By engaging in any Buy, Sell, Trade, and/or Pawn transaction, shipping your item/s to ePawnMarket's Habersham County, Georgia location, using and/or accessing the Site in any manner, and/or directly or indirectly agreeing to the Terms of Service and Use and/or Privacy Policy you agree and acknowledge that any or all described transactions are consummated at our Habersham, Georgia location.  In addition you agree to comply with all laws and regulations governing ePawnMarket Inc. and accept financial as well as logistical liability ensuring that each transaction meets these described regulations as well as complies with any and all local laws and regulations that may apply to you and your specific situation.  

 

Termination and Severability

 

Unless terminated by ePawnMarket Inc. or by you in writing this agreement will stand indefinitely.  Notwithstanding any of these Terms, ePawnMarket Inc. reserves the right, without notice and in its sole discretion, to terminate your right to use the Site, Services, or any portion of the Site and to block or prevent your future access to and use of the Site or any portion of the Site.  If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. 

 

Table of Contents

Part Two:  Terms for Users Engaging in Buy, Sell, Trade, and/or Pawn Transactions

Pricing and Availability

Services

Errors

Conduct Transactions Electronically Agreement 

Shipping and Handling

Payment and Refunds

Warranties, Returns, and Exchanges

Disputes and Legal Notices

Limitation of Liability

General

 

Pricing and Availability

 

All prices are shown in U.S. dollars; taxes, shipping and handling charges are additional. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens due to differences in processor programs and/or changes in tax rates. Prices may or may not have been set by ePawnMarket Inc. and may have been set by a third party vendor.  Because of this we reserve the right to correct any discovered incorrect price at any point in the sales and/or delivery process.  Sometimes we will not know in advance that products are unavailable or out of stock.  In this case you will be notified and the choice will be yours to either choose another item or to receive a refund.  Many of the items in the Market Place of ePawnMarket are “Used Goods”.  It is your sole responsibility to understand the condition of the used items and to understand whether or the item you is purchasing are “New” or “Used.”  

 

Services

 

ePawnMarket Inc. is a Buy, Sell, Trade, and/or Pawn website.  We offer the ability to apply for a Pawn Loan and receive Pawn Loan proceeds governed by the Pawn Ticket provided to you.  This Pawn Ticket acts as legal documentation in the state of Georgia defining terms of the Pawn Loan as well as defining the risk of losing your items/property provided you do not make your payments in full and on time.  By accepting proceeds from a Pawn Loan you also agree to accept the Terms of Service and Use (this document) and acknowledge that you understand these terms fully.  We reserve the right to use our own internal appraisals of your item/property and we reserve the right to refuse any Pawn Transaction at any time at our sole discretion.  

 

Errors

 

It is our goal to be accurate and eliminate errors from the site.  However we do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error we reserve the right to correct the error including pricing errors. Your sole remedy in the event of such error is to cancel your order and obtain a refund.  In terms of Form Errors and/or Pawn Ticket Errors we reserve the right to identify, correct, and then notify you of necessary changes.  You agree to provide within 7 days of notification any signatures needed to correct the documents and/or provide any information needed to correct the error. Provided you do not respond in an acceptable manner or in a timely fashion, the act or your continuing to access the Site or your continuing to Utilize the service to which the documentation applies will represent your acceptance of the change and your agreement to any new or modified terms.

 

 Conduct Transactions Electronically Agreement 

 

 You agree that all of your transactions with ePawnMarket Inc. or through the Site may, at our discretion, be conducted electronically from start to finish, and that any verbal conversations may be recorded. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You also agree that any form of accepting, responding, utilizing the service described, “clicking” any acceptance link, submit link, or any button or link that implies you choose to move forward and engage formally into the described agreement is representative and equivalent to your physical signature.  You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you.  For contractual purposes, you (a) consent to receive communications from ePawnMarket Inc. in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that ePawnMarket Inc. provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hard-copy 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 the address provided in the “Contact Us” section of the Site, Subject: "Service Agreement".

 

Shipping and Handling

 

ePawnMarket Inc. offers multiple products and services.  Shipping and Handling terms differ depending upon the specific product or service your transaction involves.  Understanding shipping and handling terms and fees is the sole responsibility of you the customer for each individual transaction in which you are involved.  You are responsible for the accuracy and deliverability of all shipping addresses including but not limited to completeness of all shipping instructions.  You will be responsible for any applicable correction fees.  ePawnMarket Inc. assumes no obligation to commence or complete shipping outside of or in addition to the shipping obligations of your chosen third party provider.  ePawnMarket Inc.  provides no warranty outside of or in addition to that warranty provided by your chosen third party carrier unless separate insurance/warranty arrangements are made in writing.  When purchasing New or Used items from our Market Place, all Shipping and Handling fees are paid for by you the customer unless the product is clearly defined and described as having Shipping and Handling included in the price.  All Shipping and Handling fees or charges are calculated using Federal Express ground as the default method of shipment.  Other “faster” shipping services/products are offered by Federal Express and available to you at additional cost.  If you require or request a different Shipping Service Provider you will need to contact our support team by Telephone or Email and retrieve confirmation of that change in shipping method by means of email from ePawnMarket Inc.  Our contact information is located in the Contact Us section of the Site.  Any shipping times shown on the Site are estimates only and actual delivery dates may vary.  

 

The following Shipping and Handling terms in addition to the terms above apply specifically and only to Pawn Transactions and to the Shipping and Handling of Pawned Items.  For any Pawned item that has undergone our preliminary valuation process and that you have agreed to the Terms of Service and Use as well as to the Pawn Ticket terms, ePawnMarket Inc. will provide you with a PRE-PAID SHIPPING LABEL so that you may ship us your item/property by means of Federal Express.  By shipping with Federal Express your item/property is insured for an amount up to one hundred ($100.00) dollars.  In addition ePawnMarket Inc. offers supplemental insurance that may cover your item up to a maximum value not to exceed either the preliminary Pawn Loan Offer or the actual Pawn Loan amount (whichever dollar amount is less).  It is your sole responsibility to understand and verify this amount and to keep a copy of the Pawn Ticket which defines the Pawn Loan amount.  If you would like to ship your item to us faster than Federal Express Second Day Air or to add additional Federal Express insurance to your package, you may do so at your own expense or choose to have ePawnMarket Inc. pay the additional charges and fees then deduct that amount from your Pawn Loan Proceeds.  The choice is yours!  You may also choose to use your own shipping method and in such case you are completely responsible for the package as well as the insurance coverage of that item/property.  If you choose to use the shipping label we provide to you, you must drop off your package at a Federal Express Authorized Shipping Location and obtain a receipt from that transaction including a Federal Express Tracking Number.  It is your responsibility to retain and maintain this receipt, photographs of the item, and documentation of ownership and current market value for each item shipped.  These documents will be necessary to make any insurance claim to either Federal Express and/or third party supplemental shipping insurance providers.  In the event of loss or damage and/or a claim to Federal Express, it is your responsibility to file that claim and ePawnMarket Inc. will not be responsible for warranting that claim to Federal Express.  In the event of loss or damage and/or a claim to any third party supplemental insurance provider, you agree to provide any documentation needed at the discretion of ePawnMarket Inc. to file a claim for the balance of the coverage not covered by Federal Express.  That documentation includes but is not limited to the shipping receipt including tracking number, photographs of the item, and documentation of ownership and current market value for each item shipped.  All efforts will be made at the discretion of ePawnMarket Inc. to process claims in a timely manner and settlement to you will be carried out after Federal Express and any third party shipping insurance provider  completely processes the claim and issues payment.  ePawnMarket Inc. assumes no liability for goods damaged in the shipping process beyond the insured amount specific to that package and reserves the right to refuse shipments or receipts of packages.  Any package delivery refused by ePawnMarket Inc. will be deemed “return to sender” and ePawnMarket Inc. will be released of liability at that point.  Appropriate packaging specific to your item/property is your responsibility.  When you pay your Pawn Loan in full meeting the terms of the Pawn Ticket and the Terms of Service and Use agreement from the Site, your item/property will be returned to you by Federal Express Ground with a signature required.  This property will be delivered to the address on the Pawn Ticket unless you have made other arrangements in writing and have received written confirmation by email from ePawnMarket Inc.  If you choose to not proceed with a Pawn Transaction and our Final Pawn Loan Offer amount is within twenty (20) percent of our Preliminary Pawn Loan Offer, you agree to pay Shipping and Handling charges to return your item/property back to you.  ePawnMarket Inc. may pay these return shipping fees at their discretion.  

 

Payments and Refunds

 

Only valid credit cards or other payment method acceptable to us may be used and all refunds will be credited to the same card or, in our discretion, other method. ePawnMarket Inc. does not store payment information and Credit Card, Debit Card, Electronic Check, Auto-Debit or Automated Clearing House (ACH) transactions will be carried out by third party financial institutions.  Please refer to these specific institutions for their Privacy Policy and Terms of Service.  Contact information for these entities is available upon request.  By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Site) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or canceled automatically and in terms of Pawn Transactions may result in default and loss of your personal items. 

 

Warranties, Insurance, Returns, and Exchanges

 

ePawnMarket Inc. has a 100% Satisfaction Guarantee on “NEW” or “USED” items purchased from our Market Place section of the Site.  Upon receipt of a “NEW” or “USED” item you have 7 business days to inspect the item and if you are not satisfied simply return the item in its original condition and packaging to ePawnMarket Inc. for a full refund or exchange for item of equal or lesser value.  We reserve the right to compare photos and/or valuations of the returned item to the photos and/or valuations of that same item prior to shipping it to you.  In the event of discrepancy we reserve full right to credit or refund, at our total discretion, a part or percentage of the original amount charged to you.  Please refer to the Shipping and Handling section of this agreement for Insurance coverage of personal items being shipped when involved in a Pawn Transaction.  While your personal property is housed in our safe and secure facility it will be insured for the dollar amount not to exceed the Pawn Loan amount defined by your official ePawnMarket Inc. Pawn Ticket.  

 

Disputes and Legal Notices

 

All complaints or legal notices should be mailed to the ePawnMarket Inc. address located in the Contact Us section of the Site.  This Agreement shall be construed under, governed by and enforced in accordance with the laws of the State of Georgia.  Each of the parties hereby irrevocably submits to the jurisdiction of the Superior Court of Habersham County, Georgia or in the United States District Court for the Northern District of Georgia, Gainesville Division in any action or proceeding arising out of or related to this Agreement, and each party hereby irrevocably agrees that all claims in respect of such action or proceeding shall be heard and determined in such Superior Court or District Court. Each of the parties irrevocably waives any objection, including without limitation, any objection to venue based on the ground of forum non conveniens, which it may now or hereafter have to the bringing of any such action or proceeding in such jurisdiction.  Notwithstanding the foregoing, you agree that ePawnMarket Inc. shall be allowed to apply for injunctive or other equitable relief in any court of competent jurisdiction.

 

All claims between you and ePawnMarket Inc. must be resolved in accordance with the “Conduct Transactions Electronically Agreement” section. All claims filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, ePawnMarket Inc. may recover its actual attorneys' fees and costs incurred in defending the improperly filed claim, provided that ePawnMarket has notified you in writing of the improperly filed claim, and you fail to promptly withdraw the claim.

 

You agree regardless of any statute, law, or regulation, except as prohibited by law, any claim or cause of action arising out of or related to this Agreement, the Website, or ePawnMarket Inc. Services, must be addressed in writing per the terms described herein within one (1) year after the cause of action arose.  In such case that the claim is not filed formally and/or legally filed and addressed it will be considered null and void by all involved.  At the total discretion of ePawnMarket Inc. and upon the approval of all parties involved where reigning Federal, Georgia State, and Local law does not contraindicate or disallow, third party arbitration may be utilized to establish a solution to any dispute or conflict involving total dollar amount settlements of ten thousand (10,000) and less.  

 

Limitation of Liability

 

The sole and exclusive remedy for you the customer as well as the sole and exclusive liability of ePawnMarket Inc. for any breech of warranty on products bought in the Market Place section of the site shall be your right to return the product and receive a refund and this action is governed by the terms listed in the Warranties, Returns, and Exchanges section of this agreement. IN NO EVENT SHALL ePawnMarket Inc. BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL THE AGGREGATE LIABILITY OF ePawnMarket, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. ePawnMarket Inc. LIABILITY OR THE LIABILITY OF ANY PERSON OR ENTITY AFFILIATED EITHER DIRECTLY OR INDIRECTLY WITH ePawnMarket Inc. IS LIMITED TO THE TOTAL SUM OF ALL PAYMENT/S MADE TO US PRIOR TO THE INCIDENT GIVING RISE TO LIABILITY FOR THE SPECIFIC TRANSACTION OR PRODUCT INVOLVED.  THIS LIMITATION OF TOTAL LIABILITY INCLUDES BUT IS NOT LIMITED TO YOU OR ANY THIRD PARTY PERSON OR ENTITY THAT MAY BE INVOLVED.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 

 

General

 

This agreement is an entire agreement between you and ePawnMarket Inc. regarding the Terms of Service and Use.  If any section or provision/s of this agreement is found to be invalid, unenforceable, or unlawful, the remainder of the agreement will stand as enforceable and in full effect.  Failure of ePawnMarket Inc. to enforce any section or provision of this agreement in no way provides waiver to any other section or provision herein.  Unless otherwise defined in writing and given such stipulation is lawful and legal under governing statutes and laws reigning over the following documentation but not limited to Terms of Service and Use, the Privacy Policy, and the Pawn Ticket, no third party beneficiaries may be named or exist to these documents or transactions they define.  You may not transfer by any means and under any circumstances your rights and liabilities herein to any third party.  At its discretion, ePawnMarket Inc. may transfer transactions, business, Pawn Tickets, or any service or product of its Buy, Sell, Trade, and/or Pawn agreements and/or transactions to a third party in the event of merger, sell, or any event felt in the best interest of ePawnMarket Inc.  

 

 

Thank you for doing business with ePawnMarket Inc.  Our trade is dependent upon serving you with integrity and fair terms.  We pride ourselves in earning and then keeping your trust in our process and “Peace of Mind” with our safe handling of your personal property.