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Terms & Conditions

By using this website, you agree to be bound by the followingTerms & Conditions. If you do not agree to these Terms & Conditions, you are not authorized to use this website.

Collateral Partners, LLC d/b/a PledgeCap (“PledgeCap”), is a New York Limited Liability Corporation. PledgeCap is a licensed collateral loan broker in the State of New York, Town of Hempstead (license number 11-2014) and a licensed secondhand dealer in the State of New York, Village of Lynbrook (license number 2959). PledgeCapcomplies with all New York, Town of Hempstead, and Village of Lynbrook codes governing pawnbrokers and secondhand dealers. By applying for a collateral loan, shipping your Property to our Lynbrook, New York location, and agreeing to the terms of the pawn ticket, you acknowledge and agree that each loan transaction is consummated at our Lynbrook, New York location.

These Terms & Conditions apply to the use of this website, any communications between you and PledgeCap, any transactions between you and PledgeCap, whether or not such transactions are memorialized in a formal writing, except that to the extent the terms are contradictory, the pawn ticket or formal agreement shall supersede the terms herein, only to the extent they are inconsistent.

This site is not intended for distribution to, or use by, any person or entity in any jurisdiction where such distribution or use would be contrary to local law or regulation.

Website​As a condition of your use of the Site, you agree that you will not use the Site for any purpose that is unlawful or prohibited by these Terms & Conditions. Prohibited uses include, but are not limited to, competitive analysis (including providing screen shots, which are copyrighted material owned by PledgeCap) and data mining or scraping through the use of robots, spiders, or otherwise. In addition, you may not use the Site or any of your communications with PledgeCap to: (a) defame, abuse, harass, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of PledgeCap 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 PledgeCap, and/or (iii) if sold, would cause PledgeCap 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). PledgeCap will cooperate with legal authorities and internet service providers in releasing information about users who violate these Terms & Conditions. You agree that you will notify PledgeCap immediately of any known or suspected unauthorized use, breach of security, or violation of these Terms & Conditions, on or relating to the Site.

The information and materials contained at this Site, and the terms, conditions, and descriptions that appear, are subject to change. Please review the Site and this Service Agreement frequently for any changes.

The information contained at this Site, including but not limited to text, links, and graphics are provided “as is” or “as available.” We do not warrant the accuracy, adequacy, or completeness of the information and/or materials. We expressly disclaim any liability for errors or omissions. No warranty of any kind – express, implied, statutory, fitness for a particular purpose, merchantability, or otherwise – is given in conjunction with any information and/or materials.

In no event will shall PledgeCap, its affiliates, subsidiaries, officers, directors, or employees be liable for any damages, including but not limited to direct or indirect, special, incidental, or consequential damages, losses or expenses, or lost profits arising out of or in connection with this Site or the use thereof or the inability to use this site or failure in performance, error, omission, interruption, defect, delay in operation or transmission, virus, or line system failure, regardless of the knowledge of such failure or defect or the possibility therefor.

Third Party Websites​This Site may contain links to other websites controlled or offered by third parties that are not affiliated with PledgeCap. Our provision of links to other websites or locations is for your convenience and does not signify our endorsement or recommendation of any product or service offered or any information contained on a third party website. We hereby disclaim any and all liability for any information, materials, products, and/or services offered on any third party website.

Users​​Because of the financial nature of our business, our websites are not designed to appeal to children under the age of 18. Therefore, we don’t knowingly attempt to solicit or receive any information from children. PledgeCap offers its Site and services only to persons who may lawfully enter into and form contracts. If you are not yet of the age of majority, do not have the capacity to enter into contracts, or are accessing this Site from any location where material or services provided on this Site is prohibited or illegal, you do not have permission to access the Site or the services. Accessing PledgeCap’s Site from places where the services are illegal is expressly prohibited. You are solely responsible for compliance with local laws.

Right to Cancel​ PURSUANT TO ARTICLE 5 OF THENEW YORK STATE GENERAL BUSINESS LAW, A COLLATERAL LOAN BROKER IS AUTHORIZED TO PROVIDE LOANS ON ITEMS PLEDGED OR PURCHASE ITEMS OFFERED FOR SALE. YOU HAVE THE RIGHT TO USE AN ITEM AS COLLATERAL FOR A LOAN OR SELL THE ITEM IN ACCORDANCE WITH STATE AND LOCAL LAW. ALL SALES MAY BE CANCELED WITHIN FIVE BUSINESS DAYS IN ACCORDANCE WITH SAID ARTICLE 5. A SALE OF JEWELRY, WATCHES, PRECIOUS STONES, PRECIOUS METALS OR COINS CAN BE CONVERTED TO A LOAN WITHIN 14 DAYS FROM THE DATE OF THE SALE.
Interest Rate​​The interest rate charged on all loans is four (4%) percent per month or any fraction of a month, unless otherwise stated on the face of your pawn ticket.

Shipping​By shipping your property to PledgeCap, you (1)warrant and represent that you have good and marketable title toyour property, free of all encumbrances of any kind; (2) you are not under the age of 18 years; (3) are consenting to these Terms & Conditions; (4) authorize PledgeCap to act for you in appointing on your behalf a shipping agent to ship your property to and from our premises for the purposes of further valuation by our appraisers in accordance with these Terms & Conditions, and the terms of the loan transaction. It is your responsibility to ensure that your items are securely and appropriately packaged for shipping. PledgeCap cannot be held responsible for damage to items sent in inappropriate packaging. PledgeCap is not responsible for any loss or damage to your property while in transit; rather, separate insurance through the carrier or your own policy of insurance shall be your only recourse in the event of such loss or damage. While we will provide you with information that we have to help you in any dispute or claim that you may have with your shipping agent, we cannot be held liable for any failure in the agent’s performance of its obligations to you.

Personal Information​You agree to provide PledgeCap withaccurate, complete, and up-to-date personal information, and to maintain the accuracy of such information at all times. Your personal information will be used as provided in our Privacy Policy, which is deemed incorporated herein.

Approval​All loan transactions are subject to our approval of your application and our evaluation of the property.PledgeCap reserves the right to refuse any application at any time prior to the completion of the pawn ticket. Should yourproperty vary from the original description in a manner which affects the appraisal, we may, in our absolute discretion, decline to make an offer or make an offer to you that is higher or lower than the initial indication given to you for any reason, including but not limited to any difference in the actual quality of yourproperty compared with our understanding of your original description or changes in the market for such item(s). Any offer that we make to you is subject to our being able to formally identify you, and your executing a pawn ticket withPledgeCap. To determine the purity (carat) of gold items, we will first look at any hallmarking on pieces. If there is no hallmark or there is any question of the veracity of markings, we may have to test pieces using either acid or an electronic test. You accept that the process of appraisal of your items may result in tarnishing, staining and/or scratches.

Unconsummated Transactions​If you chose not to accept our offer or we are unable to loan against your items, we will ship them back to you. Any items that cannot be returned to you for any reason, including but not limited to your failure to notifyPledgeCap of a change of address or your failure to receive the shipment, will remain in the possession of PledgeCap for aperiod of thirty (30) days, after which time you authorize PledgeCap to dispose of the property at PledgeCap’s discretion without any recourse, financially or otherwise to PledgeCap.

Payment​While PledgeCap strives to ensure prompt payment on all loans, no warranties or guarantees are made with respect to the timing of any payment. In some instances outside factors, such as your compliance with our process and shipping instructions, holidays/weekends, delays with your bankinginstitution, or other circumstances may cause delays in payment.In no event shall PledgeCap, its affiliates, subsidiaries, officers, directors, or employees be liable for any damages, including but not limited to direct or indirect, special, incidental, or consequential damages, losses or expenses, or lost profits arising out of or in connection with such delay in payment, regardless of the knowledge of or cause therefor.

Waiver & Headings​​The failure of PledgeCap to exercise or enforce any right or provision of these Terms & Conditions shall not operate as a waiver of such right or provision. The section titles in these Terms & Conditions are for convenience only and have no legal or contractual effect.

Indemnification​You agree to indemnify and holdPledgeCap, 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 Site, (b) your breach of these Terms & Conditions, or (c) any misrepresentation by you with respect to your ownership of the property.

Governing Law​These Terms & Conditions and the relationship between you and PledgeCap will be governed by the laws of the State of New York, without regard to its conflict of laws provisions. The exclusive venue for the resolution of any disputes under this Agreement shall be the state courts located in the County of Nassau, State of New York, and you hereby consent to the jurisdiction of those courts.

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 these Terms & Conditions or the Site must be commenced within two (2) year after the cause of action arose; otherwise, such cause of action is permanently barred.

Intellectual Property​​The images, illustrations, designs, icons, photographs, video and audio clips, text and graphics, and the look and feel, collection, arrangement and assembly of the content on this Site, its structure, the domain name/URL for this Site, the HTML code for this Site, the logos and brand names of the services described on this Site and other materials displayed on this Site (collectively, the “Materials”) include both registered and unregistered copyrights, trademarks, service marks and trade dress, as well as publicity rights and/or other intellectual property, owned by PledgeCap or used by PledgeCap with permission of their owners. The Materials are protected by United States copyright, trademark and other intellectual property laws and international treaty. Unauthorized reproduction, distribution or modification is subject to civil and criminal penalties.

Validity​If any part of these Terms & Conditions is found to be illegal or unenforceable, such finding will not affect the validity or enforceability of the remainder of the Terms & Conditions.

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