TERMS OF SERVICE

ULTRAPAWN, LLC., a Delaware limited liability company authorized to do business in Colorado (ULTRAPAWN), is located at 1449 West Littleton Blvd., Suite 100, Littleton, Colorado, 80120, and licensed by the City of Littleton, Colorado. ULTRAPAWN complies with the laws of the State of Colorado and the City of Littleton governing pawnbrokers with respect to pawn loans and the purchase of tangible personal property. By using the ULTRAPAWN website, or by entering into a transaction with ULTRAPAWN, you acknowledge and agree to the following terms and conditions:

  1. Location of Transaction. Any transaction between ULTRAPAWN and yourself is consummated at our Littleton, Colorado location, and governed by the laws of the State of Colorado and the City of Littleton, without regard to your physical location. If you enter into a transaction with ULTRAPAWN from locations other than Colorado, you do so on your own initiative, and voluntarily, and you are solely responsible for compliance with local laws, to the extent applicable.
  2. Amendment. This Agreement may be unilaterally amended by ULTRAPAWN from time to time. In the event we amend this Agreement, we will notify you through the primary email address you have provided to ULTRAPAWN. You agree that such amended Agreement will be effective immediately upon being posted or sent to you.
  3. Accuracy of Information. To enter into a transaction with ULTRAPAWN, you must provide certain personal information during the registration process. You agree to provide accurate, complete, and up-to-date personal information during the registration process, and to maintain the accuracy of such information while you use ULTRAPAWN’s services. Knowingly providing false information or failure to provide accurate information to ULTRAPAWN during a pawn transaction may be punishable under Colorado law.
  4. Right to Refuse Service. All transactions are subject to our approval and evaluation of your property. ULTRAPAWN reserves the right to refuse any transaction at any time prior to the execution of the Pawn Loan Agreement, (the “Pawn Ticket”), with or without cause.
  5. Disclosures. The Pawn Ticket includes information that we are required by 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 rescind the sale early, and the total amount required to rescind the sale and redeem the Property. A full listing of required information and disclosures is provided on the Pawn Ticket.
  6. Restrictions on our Services. ULTRAPAWN offers its website and services only to individuals who may lawfully enter into and form contracts for purchase of tangible personal property under Colorado law. If you are not yet eighteen (18) years of age, or are accessing the ULTRAPAWN website from any location where the services provided by ULTRAPAWN are prohibited or illegal, you may not solicit the services of, nor enter into a transaction with, ULTRAPAWN. Accessing ULTRAPAWN's services from places where such services are illegal is expressly prohibited. ULTRAPAWN reserves the right to accept or reject any transaction at our sole discretion.
  7. Availability of Payment: While we strive to make a payment to you within 24 hours of your having executed the Pawn Loan Agreement, our ability to make payment to you is contingent upon your compliance with our process and shipping instructions, and a number of other factors including, but not limited to, whether you have or do not have a bank account, and the availability of shipping. ULTRAPAWN hereby disclaims, and you relieve ULTRAPAWN, of any liability with respect to the timing of payments made to you, to the extent permitted by applicable law.
  8. Fees and Other Charges. We charge fees for our Services. You will be given an opportunity to review and accept the fees that will be charged in connection with each transaction. We will charge you applicable taxes, if any. All fees and currency amounts are quoted in U.S. Dollars. ULTRAPAWN may, in its sole discretion, change our standard fees, rates, and other charges.
  9. Shipping Procedures. ULTRAPAWN will provide you a pre-paid shipping label by email 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 at your own expense, and at your own risk. If you use the shipping label provided by ULTRAPAWN, your Property will be fully insured by our insurance carrier. In the event you use your own shipping label and packaging, insuring your package is solely your responsibility, and you hereby indemnify and hold harmless ULTRAPAWN from any claim arising out of, or related to, your shipping of your package through a means other than that provided by ULTRAPAWN. If you use the ULTRAPAWN provided shipping label, and wish to insure your Property with Fedex, or if you wish to ship the items faster than Fedex 2nd Day Air service, additional fees will apply, and you will be charged for these fees. 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. You must also ensure that you can produce photograph(s) of your Property as well as at least one document per item which will prove ownership and the current value of your Property. The shipping insurance provided by ULTRAPAWN covers the actual loss based on the current fair market value of your item. It is your responsibility to keep safe 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.
    1. Packaging of Items. It is your responsibility to ensure that your items are securely and appropriately packaged. ULTRAPAWN cannot be held responsible for damage to items sent in inappropriate packaging. ULTRAPAWN 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 ULTRAPAWN. Should you make a payment in full to redeem your Property, or decline to proceed with the transaction after you have shipped your Property, ULTRAPAWN will ship the Property back to you within 4 business days of notice to ULTRAPAWN of either event. Should you require the Property to be returned to an address that is different than the address you initially provided ULTRAPAWN, you must provide ULTRAPAWN with a copy of a current photo ID acceptable to ULTRAPAWN that reflects the revised address.
  10. Restricted Use. As a condition of your use of the ULTRAPAWN website, and ULTRAPAWN’S services, you agree that you will not use the website or services for any purpose that is unlawful or prohibited by this Agreement. Prohibited uses include, but are not limited to, competitive analysis (including providing screen shots, which are copyrighted material owned by ULTRAPAWN) and data mining or scraping through the use of robots, spiders, or otherwise. In addition, you may not use the ULTRAPAWN website, ULTRAPAWN’S services, or any of your communications with ULTRAPAWN to: (a) defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of ULTRAPAWN or others; (b) offer to sell any Property that infringes or otherwise violates a third party's rights, including Property that: (i) you cannot legally sell, (ii) is misrepresented to ULTRAPAWN, and/or (iii) if sold, would cause ULTRAPAWN to violate any law, statute or regulation; (c) provide false, inaccurate, or misleading Personal Information; or (d) violate any applicable government laws or regulations (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising). ULTRAPAWN will cooperate with legal authorities and internet service providers in releasing information about users who violate this Acceptable Use Policy. You agree that you will notify ULTRAPAWN immediately of any known or suspected unauthorized use, breach of security, or violation of this Agreement, on or relating to the Website or the Services.
  11. Product Images. We frequently display normal and high resolution photographs of merchandise which we loan upon, buy and sell. While we have attempted to accurately depict these products on this site, because the color you see is dependent on your computer monitor, we cannot guarantee that the color you see will be accurate. The products also may appear larger or smaller than their actual size depending on your monitor. Some photographs have been enlarged to show detail.
  12. Pricing. We make every attempt to avoid errors or omissions in pricing and product information. If a mistake does occur, we reserve the right to correct it, and in our sole discretion, to refuse or cancel any order placed for that item at the incorrect price. All prices listed on this site are in U.S. dollars.
  13. Remedies. In addition to any other remedies ULTRAPAWN may have at law or in equity, ULTRAPAWN may take the following actions to protect ULTRAPAWN, a third party, or you from liability: (a) we may close, suspend, or limit your access to your customer account or our services; (b) we may contact law enforcement, or impacted third parties of your actions; (c) we may update inaccurate personal information you provided us; and/or (d) we may refuse to provide our services to you.
  14. Indemnity. You agree to indemnify and hold ULTRAPAWN, its, officers, agents, and other partners and their employees, harmless 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 ULTRAPAWN website or ULTRAPAWN’s services, or (b) arising from your breach of this Agreement.
  15. Warranty. You warrant and represent that you have good and marketable title to the Property, free of all encumbrances of any kind. YOU AGREE THAT USE OF ULTRAPAWN'S SERVICES AND THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. ULTRAPAWN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. ULTRAPAWN 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 ULTRAPAWN MAKE ANY WARRANTY AS TO ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE WEBSITE. NO ADVICE OR INFORMATION THAT YOU MAY OBTAIN FROM ULTRAPAWN'S AGENTS OR REPRESENTATIVES OR THROUGH THE SERVICES PROVIDED BY ULTRAPAWN SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights, and you may also have other legal rights that vary from state to state.
  16. Limitation of Liability. IN NO EVENT SHALL ULTRAPAWN, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, 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). ULTRAPAWN'S LIABILITY, AND THE LIABILITY OF ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, 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, AND (2) $100, (B) WITH PROPERTY ON OUR PREMISES DURING THE TERM OF A PAWN LOAN IS LIMITED TO YOUR COST TO COVER THE VALUE OF SUCH ITEM, (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 ULTRAPAWN, NONE. YOU ACKNOWLEDGE AND AGREE THAT IF YOUR ITEM IS LOST OR DAMAGED WHILE IN ULTRAPAWN'S POSSESSION DURING THE TERM OF A PAWN LOAN, YOU ACKNOWLEDGE AND AGREE THAT YOU CANNOT REPURCHASE THE ITEM AND YOUR SOLE REMEDY IS THAT YOU WILL HAVE NO OBLIGATION TO PAY ULTRAPAWN ANY OF THE FEES OR CHARGES SET FORTH IN THE PAWN TICKET AGREEMENT.
  17. Term and Termination. Until and unless terminated by you or ULTRAPAWN, the terms of this Agreement will continue indefinitely. ULTRAPAWN may terminate this Agreement and your access to the Website and related Services at any time, with or without cause, and with or without notice. Upon termination of your right to use the ULTRAPAWN website, you will no longer have access to any data or information you had previously created, maintained, managed, or stored in the website or ULTRAPAWN's systems. Your obligations pursuant to Sections 14, 16, and 18 of this Agreement, and the survival provision of this Section 17, shall survive the termination of this Agreement.
  18. Dispute Resolution
    1. Binding Arbitration; Class Waiver. By using the ULTRAPAWN website or ULTRAPAWN’S services, you unconditionally agree that any claim, dispute or controversy between you and ULTRAPAWN (including ULTRAPAWN’s employees, agents or assigns), and any claim arising from or relating to your use of the ULTRAPAWN website or ULTRAPAWN’S services, including the applicability of this arbitration clause, shall be resolved by neutral binding arbitration by the American Arbitration Association under the Arbitration Rules in effect at the time the claim is filed. You hereby waive any right to bring any claim against ULTRAPAWN in the context of a class proceeding. You hereby agree that 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. You further agree that the arbitrator's authority to resolve and make written awards is limited to claims between only you and ULTRAPAWN, and that 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.
    2. Improperly Filed Claims. All claims between you and ULTRAPAWN must be resolved in accordance with this Section 18. All claims filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, ULTRAPAWN may recover attorneys' fees and costs up to $1,000, provided that ULTRAPAWN has notified you in writing of the improperly filed claim, and you fail to promptly withdraw the claim.
    3. 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 Agreement, the ULTRAPAWN website, or ULTRAPAWN's Services, must be commenced within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
  19. Governing Law. This Agreement is governed by the laws of the State of Colorado, USA, without regard to any of its conflict of law provisions. You hereby consent to the exclusive jurisdiction of, and venue in, courts located in Littleton, Arapahoe County, Colorado, USA in all disputes arising out of or relating to the ULTRAPAWN website, or ULTRAPAWN’s services, except as required by Section 18 of this Agreement. Notwithstanding the foregoing, you agree that ULTRAPAWN, at its sole discretion, shall be allowed to apply for injunctive or other equitable relief in any court of competent jurisdiction.
  20. Communications. Some of the communications between you and ULTRAPAWN use electronic means, whether you visit the Site, send us emails, click on a weblink to access the Pawn Ticket Agreement, or whether ULTRAPAWN posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from ULTRAPAWN in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that ULTRAPAWN provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy 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: support@ULTRAPAWN.com.
  21. Other Provisions. This Agreement contains the entire agreement between you and ULTRAPAWN regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. 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 this Agreement. If any provision of this Agreement is found to be invalid or unenforceable, such provision will 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 ULTRAPAWN 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, ULTRAPAWN 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.
  22. Parental Controls. 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. Current providers of such protections can be found at: http://www.en.wikipedia.org/wiki/List_of_Content_Control_Software.