Terms and Conditions
PINK & RED, INC.
P.O. Box 2941
Sun City, CA 92586
Welcome to a website of Pink & Red, Inc. located at www.PawnStocker.com (hereinafter “PawnStocker”, “We”, “Us”, or “Our”) and thank You (any visitor to Our web site) for considering Our products and services.
PawnStocker is a marketplace that allows Pawn Shops and similar businesses to sell their inventory to the public. The actual contract for sale is directly between the sellers and buyers. PawnStocker is not liable for any misrepresentation by the sellers.
You agree that PawnStocker is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by You, other users, or outside parties on PawnStocker. You agree to comply with all local laws regarding online conduct and acceptable content. You use Our services at Your own risk.
SCREEN NAME AND PASSWORDS
You hereby agree that You are responsible for all actions taken under Your Screen Name and Password. Please remember it is Your responsibility to keep this data secure and You hereby agree that We are not liable for any loss or damage arising from Your failure to keep Your password secure. Further, You agree to immediately notify Us of any unauthorized use of Your password or any breach of security.
PURCHASING PRODUCTS ON OUR WEB SITE
The general public may purchase the products on PawnStocker.com. While we do not limit who can purchase products, some products are not available for sale through the website. Further, some products require the buyer to either visit the seller's store, or contact the seller to make purchasing arrangements. Some sellers may not offer any purchasing arrangements besides visiting their physical store.
Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items.
LISTING AND SELLING
Sellers are required to be businesses. The general public is not allowed to list products for sale.
Listing Description: By listing an item on Our site, You warrant that You may legally sell the item. You agree that You will accurately describe the items and all terms of sale in Your PawnStocker store, and that all items will be listed in an appropriate category. Each listing must accurately and completely describe the item(s) for sale in that listing.
You agree that You are responsible for complying with the laws that apply to You, Your shop and Your items, including any shipping restrictions for Your items.
We limit the types of items that we allow to be sold on Our site. We do not allow the following items to be listed for sale, and we may modify this list at Our sole discretion.
The following types of items may not be listed on Our site:
- Drugs, drug-like substances, drug paraphernalia
- Live animals
- Illegal animal products (for example Ivory)
- Recalled items (CPSC)
- Real estate
- Stolen Property
- Fast food game pieces
- Stocks and other securities
- Items or listings that promote, support or glorify hatred toward or otherwise demean people based upon race, ethnicity, religion, gender, gender identity, disability, or sexual orientation, including items or content that promote organizations with such views
- Items or listings that promote or support illegal activity or instruct others to engage in illegal activity
- Items or listings that promote, support or glorify acts of violence or harm towards Yourself or others
You agree that You are responsible for making vital moral or ethical decisions regarding what they buy and sell on the site.
We reserve the right to remove listings that we determine are not suitable for PawnStocker. Such listings will be removed from the site, and the member's account may be suspended and/or terminated.
Right to Refuse Service:
PawnStocker reserves the right to cancel or delete any unverified or inactive accounts or listings. PawnStocker reserves the right to refuse service to anyone, for any reason, or for no reason at any time in Our sole discretion.
While You and Our visitors are required to abide by the terms of this Agreement, You also agree that You will post Your store policies for Your PawnStocker store. These policies may include, but are not limited to, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. Sellers are responsible for enforcing their own reasonable store policies.
Fees And Services
We do not charge a fee for selling or buying an item on Our site. The purchase price will be based on the price of the listed item, taxes, shipping costs, and any seller fees.
Our fees for selling are set prices based on how many items a Seller would like to list at once. You can view Our prices here.
All fees and fee services are subject to change, a notice will be posted on Our site no less than 14 days prior to the changes. If a new service is introduced, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars. (USD)
You are responsible for paying all fees associated with using Our site. PawnStocker will keep Your payment information on file, and all fees and monthly dues will be automatically billed to the credit card on file at the beginning of each billing cycle. An invoice with the amount billed will be e-mailed to the e-mail address on file.
If Your account is not paid in full or becomes past due, Your account will be subject to penalties, such as account suspension or termination and other collection mechanisms including retaining collection agencies or pursuing legal recourse. If You have a question or wish to dispute a charge, please contact Us.
You must keep Your account information up-to-date and accurate at all times, including a valid email address. In order to sell items on PawnStocker You must provide and maintain valid payment information for Our use.
We hereby claim PawnStockerTM and PawnStocker.comTM to be trademarks of Our company.
As indicated by the notice on the bottom of Our Home Page, & Red, Inc. claims a copyright to the content of this website.
USING GOOD CITIZENSHIP IN PRODUCT POSTING, REVIEWS, FORUMS, ETC.
You understand and agree that You will not Use Our website to post, email, upload or transmit any content that: is patently offensive, vulgar, unlawful, threatening, defamatory, abusive, tortuous, obscene, libelous, illegal, hateful, harmful, harasses or advocates harassment of another person, invasive of another person’s privacy, exploitive of people in a sexual or violent manner, racially, ethnically or otherwise objectionable or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; nor will it: Impersonate another person or post a photograph of another person as Your image; stalk or otherwise harass another; harm a minor in any way; promote commercial activities and/or sales such as contests, sweepstakes, barter, or advertising except as provided by the functionality of the Site; Nor will You post, email, upload or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, unsolicited mass mailing, chain letters, or pyramid schemes; Nor will You promote an illegal or unauthorized copy of another person’s copyrighted work; upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; Nor will You use software that automatically creates user identities; intentionally or unintentionally violate any applicable local, state, national or international law; Nor will you post hazardous, counterfeit, stolen items or items that have been identified by the U.S. Consumer Products Safety Commissions (CPSC) as hazardous to consumers and therefore subject to recall; Nor will You post a review on a business You own, control or are employed by; post inaccurate or misleading information or pictures; or misrepresenting a product or service. You understand and agree that You are solely responsible for Your interactions with other visitors and that We reserve the right, but have no obligation, to monitor disputes between You and other visitors. Further, We may delete data and posts which violate this Agreement for any reason or for no reason based on Our sole discretion.
DIGITAL MILLENNIUM COPYRIGHT ACT
As provided for in the Digital Millennium Copyright Act; If You feel any content on this website violates Your copyrights please contact Our designated agent:
P.O. Box 2941
Sun City, CA 92586
Fax: (855) 750-7778
by fax or regular U.S. mail (not by email) with the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site is covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted.
- A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Once We have received Your complaint We will:
or disable the identified infringing material (but maintain a copy for later use); notify the subscriber with a copy to the complaining party that We have removed or disabled access to the material; and will inform the subscriber that they may submit a counter-notification regarding the claimed infringing material.
Counter Notification - To be effective under this subsection, a counter notification must be a written communication provided to the service provider's designated agent by fax or regular U.S. mail (not email) that includes substantially the following:
- A physical or electronic signature of the subscriber.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the subscriber’s address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided the counter notification or an agent of such person.
Upon receipt of a counter notification We will promptly provide the complaining party with a copy of the counter notification, and inform that person that We will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless Our designated agent first receives notice from the person who submitted the notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the service provider's system or network.
OUR SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF ANY SERVICE OFFERED BY US IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. WE DO NOT MAKE ANY WARRANTY THAT OUR SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE OFFERED BY US WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE OFFERED
BY US OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ANY SERVICE OFFERED BY US. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY SERVICE OFFERED BY US IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH US OR FROM ANY SERVICE OFFERED BY US OR ANY TRANSACTIONS ENTERED INTO BY USE OF OR THROUGH ANY SERVICE OFFERED BY US. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH ANY SERVICE OFFERED BY US, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
PAWNSTOCKER DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF ITEMS POSTED BY THE SELLERS ON OUR SITE, NOR DO WE GUARANTEE THE TRUTH OR ACCURACY OF USERS' CONTENT OR LISTINGS. PAWNSTALKER HAS NO CONTROL OVER THE ABILITY OF SELLERS TO SELL ITEMS OR BUYERS TO PAY FOR ITEMS, OR THAT A BUYER OR SELLER WILL ACTUALLY COMPLETE A TRANSACTION OR RETURN AN ITEM.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL WE OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE ANY SERVICE OFFERED BY US, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH ANY SERVICE OFFERED BY US, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ALSO AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU, OR TO ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR ARISING FROM USE OF ANY SERVICE OFFERED BY US. IF YOU ARE DISSATISFIED WITH ANY SERVICE OFFERED BY US YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE WITHOUT REFUND OF ANY KIND WHATSOEVER. YOU AGREE, AND ACKNOWLEDGE THAT WE MAINTAIN A NO REFUND POLICY.
You hereby warrant that You will not use the information provided by Us in violation of any State or Federal law. Further, You agree to indemnify, defend, and hold Us harmless, as well as holding harmless Our parents, subsidiaries, affiliates, officers, directors, employees, agents, and suppliers, and their respective affiliates, officers, directors, employees, and agents, from any claim, action, demand, or damage, including reasonable attorney's fees, made by any third party or governmental agency arising out of or related to Your use of any service offered by Us or Your violation of this Agreement, including without limitation, claims or suits for libel, violation of rights of privacy or publicity, interference with property rights, trespass, violations of Federal or State Law, patent infringement or plagiarism. We may, at Our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by You. The assumption of such defense or control by Us, however, shall not excuse any of Your indemnity obligations.
Neither party shall be liable for delays or nonperformance of this Agreement caused by strike, fire or accidents, nor shall either party be liable for delay or nonperformance caused by lack of availability of materials, fuel or utilities or for any other cause beyond its control.
You may not assign its rights or obligations under this Agreement without Our prior written consent.
RELATIONSHIP OF THE PARTIES
The parties are independent contracting entities, and there is no partnership or agency relationship between them.
INTENDED FOR USERS OVER 18
Our services are available and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. You agree to comply with all local laws regarding online conduct and acceptable content.
Except as modified or supplemented by a writing executed by both parties, the Terms and Conditions described herein are the only representations, warranties, and understandings between the parties with respect to the products and/or services described herein.
In the event of a dispute, You agree to attempt to resolve the dispute by contacting firstname.lastname@example.org prior to taking any other action. Failure to contact Us to attempt a dispute resolution prior to taking any other action will result in a breach of this Agreement by You. You hereby waive any right to a trial by jury in the event of any controversy or claim relating to this Agreement. This Agreement and Your use of Our web site are governed by the laws of the State of California, and the courts of general jurisdiction located within Riverside County, California, which will have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning this Agreement or any other controversy between You and Us. In addition to the foregoing, in the event of any breach or violation of this Agreement, We shall be entitled to enforce all of Our legal remedies for the breach or wrongful activity including, but not limited to, seeking actual damages, the maximum amount of statutory damages under applicable statutes and Acts, profits, treble damages, and attorneys’ fees and costs. These remedies and damages are in addition to the monetary payments described above and/or any amounts otherwise due under this Agreement.
If any provision, or portion thereof, of Agreement is held by a court of competent jurisdiction to be invalid under any applicable statute or rule of law, the parties agree that such invalidity shall not affect the validity of the remaining portions of Agreement and further agree to substitute for the invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provisions.
The headings of this Agreement are for convenience only and shall not be used to construe the meaning of this Agreement.
This Agreement is effective as of February 16, 2015. We reserve the right to revise this policy from time to time without prior notice. You will be notified of any material changes in Our Terms of Service either by email or by a conspicuous posting on Our Web site.