TERMS AND CONDITIONS FOR USE OF WEBSITE
Applicable Law. WEST END PAWNBROKERS, INC. (“West End Pawnbrokers.”) is a Kentucky S Corporation. It is a licensed Kentucky pawnbroker located in the City of Hopkinsville, KY. West End Pawnbrokers is subject to, and complies with, Kentucky statutes governing pawnbrokers and pawn loans. By applying for a Loan, and agreeing to the terms of the Loan Contract concerning your Loan, you acknowledge and agree that your Loan is consummated at our Hopkinsville, Kentucky location and is subject to Kentucky law. Any Loan made or denied by West End Pawnbrokers, Inc. or claim relating to this website or services provided through this Website is governed by the laws of the Commonwealth of Kentucky, 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 Christian County, Kentucky, 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 West End Pawnbrokers, at its sole discretion, shall be allowed to apply for injunctive or other equitable relief in any court of competent jurisdiction.
Eligible Users. West End Pawnbrokers offers its Website and Services only to people who may lawfully pawn tangible personal property under Kentucky 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 West End Pawnbrokers to access the Website or the services provided in or through this Website. Accessing West End Pawnbrokers’ services from places where it would be illegal for West End Pawnbrokers to provide its Loan services is expressly prohibited. If you choose to access our Website from locations outside the state of Kentucky, you do so on your own initiative, voluntarily, and at your own risk, and you are solely responsible for compliance with local laws.
Right to Refuse to Loan. We provide you with an opportunity to apply for a Loan. All Loans are subject to our approval and evaluation of the Property, in person, at our sole discretion. West End Pawnbrokers 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 $10 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. For evaluation of your personal property via our website, you must provide the information we request on our Quote webpage, and the item must have a minimum used retail value of $500.
The Loan Contract includes information that we are required by Kentucky 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 issue cash to you within 10 minutes of your completion of our Loan Process, this timing is contingent upon your compliance with our process, as well as other factors such as the Loan Amount. Due to a variety of factors, such as Loan Amount, we may, at our sole discretion, elect to issue a check, or a short delay may be required while we access our funds. We DO NOT warrant or guaranty 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 Kentucky 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. West End Pawnbrokers may, at any time, and in its sole discretion and as permitted under Kentucky law, change our standard fees, rates, and other charges. Any such changes will be posted on the Loan Contract, and such amended fees and charges will apply to any Pawn Loan entered into after the date of such change.
It is your responsibility to ensure that your items are securely and appropriately packaged for pawn, transport, and storage, including the use of additional and/or item specific packaging. West End Pawnbrokers is not responsible for damage to items stored in inappropriate packaging or without packaging. West End Pawnbrokers reserves the right to reject any package, which appears to be damaged, opened, or tampered with. Any such item will be returned to you without further liability to West End Pawnbrokers, Inc.. Should you make a payment in full to redeem your Property, your property will be returned to you in a timely manner. If you decide not to proceed with a Loan after the Loan has been made and the Loan Contract has been signed, you will still owe the applicable interest and fees normally associated with the Loan amount and duration of time passed since the time at which the loan was made.
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 West End Pawnbrokers) and data mining or scraping through the use of robots, spiders, or otherwise.
Indemnity. You agree to indemnify and hold West End Pawnbrokers its officers, shareholders, 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 West End Pawnbrokers free of all encumbrances of any kind. YOU AGREE THAT USE OF WEST END PAWNBROKERS’ SERVICES AND WEBSITE IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. WEST END PAWNBROKERS 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. WEST END PAWNBROKERS 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 WEST END PAWNBROKERS MAKE ANY WARRANTY AS TO ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE WEBSITE. NO ADVICE OR INFORMATION THAT YOU MAY OBTAIN FROM WEST END PAWNBROKERS AGENTS OR REPRESENTATIVES OR THROUGH THE SERVICES PROVIDED BY WEST END PAWNBROKERS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Limitation of Liability. IN NO EVENT SHALL WEST END PAWNBROKERS, ITS SHAREHOLDERS, 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). YOU ACKNOWLEDGE AND AGREE THAT WEST END PAWNBROKERS’ LIABILITY, AND THE LIABILITY OF ITS SHAREHOLDERS, 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; (B) WITH DAMAGED, LOST, OR STOLEN PROPERTY ON OUR PREMISES DURING THE TERM OF A PAWN LOAN; (C) WITH PROPERTY ON OUR PREMISES PRIOR TO THE TERM OF A PAWN LOAN; AND (D) WITH RESPECT TO PROPERTY WHICH HAS NOT YET BEEN DELIVERED TO AND ACCEPTED BY WEST END PAWNBROKERS, IS NONE. YOU ALSO ACKNOWLEDGE AND AGREE THAT IF YOUR ITEM IS LOST OR DAMAGED WHILE IN WEST END PAWNBROKERS’ 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 West End Pawnbrokers, Inc. 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 West End Pawnbrokers 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 West End Pawnbrokers in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that West End Pawnbrokers, Inc. 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.
General. The Terms and Conditions for Use of Website (“Terms and Conditions”) contains the entire agreement between you and West End Pawnbrokers 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 West End Pawnbrokers 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, West End Pawnbrokers 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. West End Pawnbrokers is located at 1127 West 7th Street, Hopkinsville, Kentucky, 42240. 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.