BIG BUCKS PAWN LLC

THE INFORMATION CONTAINED HEREIN SETS FORTH YOUR (SOMETIMES HEREINAFTER REFERRED TO AS “BUYER”) RIGHTS AND OBLIGATIONS WITH RESPECT TO THE TRANSACTION(S) CONTEMPLATED HEREBY. THESE TERMS REQUIRE THE USE OF ARBITRATION (ON AN INDIVIDUAL BASIS ONLY; I.E., CASE CONSOLIDATIONS AND CLASS-ACTIONS ARE NOT PERMITTED) IN ORDER TO RESOLVE DISPUTES. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION HEREUNDER IN ORDER TO CONFIRM YOUR ACCEPTANCE HEREOF. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE UNLESS AND UNTIL YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; AND (C) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS, OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION.

1. Applicability of Terms and Conditions. These terms and conditions (these “Terms”) shall apply to your purchase of the goods (“Goods”) and related services (“Services”) through BIGBUCKSPAWNTN.COM (the “Site”). These Terms are subject to change at any time without prior written notice by BIG BUCKS PAWN LLC (referred to herein as either “Company,” “we,” “us,” or “our”). The most recent version of these Terms shall be posted for your review at any time on the Site. Please review these Terms in their entirety prior to engaging in any transaction on the Site. Your continued use of the Site after any posting of updated Terms (which shall be dated as of their most recent update) shall constitute your acceptance of and agreement to any changes therein made.
2. Online Orders. When placing an order on our Site, you are effectively offering to purchase whatever products and services you select. We reserve the right to accept or reject any order in our own discretion. We will only accept or reject an order in its entirety. Should we elect to accept your offer, you will receive a confirming email at the email address that you provide at such time. Notwithstanding the foregoing, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion. Additionally, you have the option of cancelling your order (in its entirety only) at any time prior to our having sent you the confirming email referenced herein. If you fail to pass any necessary background check applicable to your state, after the appeal process, we reserve the right to charge you a restocking fee equal to 30% of the price of the goods ordered.
   1. Ownership of the goods. We maintain ownership of the goods sold until the transaction has been completed through delivery and all necessary background checks and other regulatory matters have been resolved.
3. Payment Terms. All applicable prices are set forth alongside the goods and services offered on the Site. They may differ from the prices offered elsewhere (online or offline) by us for the same goods and/or services. Such prices are subject to change at any time by us in our sole discretion. Additionally, to the extent that we offer a promotion in connection with any particular item, the terms of such offer shall be set forth in a separate document that shall govern its applicability (and, in the event of a conflict herewith, be considered the governing document). You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; (ii) shipping and handling charges, and (iii) prices imposed by your local Federal Firearms License (hereinafter “FFL”) holder. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider (i.e., PayPal). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.
4. Shipping Information. Orders generally ship within 24 – 72 hours after verification of the order. Verification requires Government Issued Identification, email, phone number, corresponding residential address for the closest FFL holder and corresponding form of payment.  It is our responsibility to ship your accepted order to you at the address of the identified FFL holder. You will be responsible for all associated shipping & handling and FFL holder charges. While we agree to use reasonable efforts to meet the shipping and delivery dates provided herein, we shall not be responsible for any delays in shipments.
5. Returns. Due to current market conditions, we regret we CANNOT accept any returns at this time other than returns due to a defect covered by the Manufacturer’s Warranty or delivery of Nonconforming Goods.
   1. Inspection and Rejection of Nonconforming Goods. Nonconforming Goods means only the following: (i) product shipped is different than identified in your purchase order; or (ii) product’s label or packaging incorrectly identifies its contents. Buyer shall inspect the Goods at the time Buyer receives delivery at the FFL holder.  If Buyer takes possession of the Goods, Buyer will be deemed to have accepted the Goods.  If the Goods are Nonconforming Goods, Buyer must leave the Goods in the possession of the FFL holder and immediately notify the Company.  Seller will make arrangements for the return of the Nonconforming Goods, if Seller agrees the Goods are Nonconforming.
   2. If Buyer timely notifies Seller of any Nonconforming Goods, Seller shall, in its sole discretion, (i) replace such Nonconforming Goods with conforming Goods, or (ii) credit or refund the Price for such Nonconforming Goods, together with any reasonable shipping and handling expenses incurred by Buyer in connection therewith.  
   3. If Seller does not agree the Goods are Nonconforming, but Buyer refuses to accept possession, Seller will make arrangements with the FFL holder to return the Goods and Buyer will be credited or refunded the Price for the Goods minus a restocking fee equivalent to 30% of the sales price of the Goods.  Buyer’s further remedies are covered in Section 12 of this document.
6. Privacy and Cookie Policy and Website Terms of Use. Please review our Privacy and Cookie Policy and Website Terms of Use, which can be found at the following addresses respectively: www.bigbuckspawntn.com/privacy-policy-main/ and www.bigbuckspawntn.com/terms-of-use/. The Privacy and Cookie Policy governs our processing of all personal information that we may collect from any person through the use of our Site. The Website Terms of Use governs your use of our Site in general.
7. Representations & Warranties (R&Ws); Disclaimers; Limitations on Liability.
   1. Buyer’s R&Ws. You represent and warrant to us as follows: (i) that you have the right to enter any transaction contemplated for hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the goods and services provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and (iii) that you are buying goods or services from the Site for solely your own use, and not for resale or export.
   2. Manufacturer’s Warranty and Company’s Disclaimers.We do not manufacture (or direct the manufacture of) any of the goods or services offered on our Site in any way. The availability on our Site of goods and services does not constitute an affiliation with or endorsement of any of the goods or services or their manufacturer. As such, subject to applicable law, we are providing the goods and services to you “as is” without express or implied warranties of any kind (including without limitation any: (i) warranty of merchantability; (ii) warranty of fitness for a particular purpose; (iii) warranty of title; or (iv) warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage or trade, or otherwise). They may, however, be covered by the manufacturer’s warranty as detailed in any product’s description on our Site and included with our delivery of the goods and services. You can avail yourself of any of the manufacturer’s warranties by following the instructions provided in their warranty agreement[s]. You acknowledge and agree that under no circumstances shall we be liable for any breach of the manufacturer’s warranty claims and/or for any loss or damages that may arise out of the manufacturer’s failure to honor its warranty obligations to you.
      1. The images shown of the goods are for illustration purposes only and may not be an exact representation of the product.  Only the written description of the goods on the purchase order is binding.
   3. Liability Cap. UNDER NO CIRCUMSTANCES WILL COMPANY’S OBLIGATION OR LIABILITY UNDER THIS AGREEMENT EXCEED THE PURCHASE PRICE YOU PAID ON THE SITE FOR ANY GOODS OR SERVICES. ADDITIONALLY, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND.
8. Third-Party Beneficiaries. These Terms are for your sole benefit and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
9. Force Majeure. Company shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind.
10. Assignment. Company may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.
11. Partial Invalidity. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
12. Survival. Provisions of these Terms which by their nature should apply beyond their terms will remain in force after any termination or expiration of this Agreement including, but not limited to, the following provisions:  Governing Law/Binding Arbitration, Partial Invalidity and Survival.
13. Governing Law/Binding Arbitration.
    1. Governing Law. These Terms shall be governed by the laws of the State of Tennessee without regard to its conflict of laws principles.
    2. Binding Arbitration. Subject to subsection (c) below and all applicable laws, you are agreeing to give up: (i) your right to litigate any claims that may arise hereunder in court or before a jury; and (ii) your right to consolidate any claim and/or participate in any class-action claim that may arise hereunder in any manner or forum. Instead, any claim, dispute, or controversy of any kind or nature arising hereunder which cannot be amicably resolved by us shall be solely and finally settled by arbitration administered by the Tennessee Academy of Mediators and Arbitrators in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before one arbitrator sitting in Hamilton County, Tennessee. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of Tennessee. The decision of the arbitrator shall be in writing with written findings of fact and shall be final and binding on the parties. If Company prevails, we shall be entitled to reimbursement for costs and reasonable attorney’s fees. With respect to any arbitration hereunder, as stated above, you hereby expressly waive any right to consolidate any claim and/or participate in any class-action claim of any kind or nature. This Section (13) provides your sole recourse for the settlement of any disputes arising out of, in connection with, or related to these Terms. If any provision of this clause is found unenforceable, such unenforceable provision will be removed and the remaining terms will be enforced.
    3. Small-Claims Option. Notwithstanding the foregoing, you may elect to pursue a breach of warranty claim in the General Sessions Court of Hamilton County, Tennessee, rather than submit to binding arbitration, but only if you provide us with written notice of your desire to do so within 90 days of your purchase transaction. Any small-claims court proceeding initiated hereunder will be limited solely to your individual dispute; i.e., you are not permitted to file, or participate in, a class action suit in small-claims court with respect to these Terms.
14. No Waivers. Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.
15. Notices. We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Site. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses. You can contact us at any time by any of the following means: (i) email, at: support@bigbuckspawntn.com, or (ii) personal delivery, overnight courier, or registered or certified mail to: 

Big Bucks Pawn LLC

5019 Hixson Pike

Hixson, TN  37343

16. Entire Agreement. These Terms, along with the confirmation email referenced in Section (2) above, any instructions that we provide you with relating to any product or service you obtain from us through the Site, any terms and conditions that may be provided in connection with any promotion or other sale, and our Site’s ‘Terms of Use’ and ‘Privacy and Cookie Policy,’ shall, collectively, be deemed a final and integrated agreement between you and us with respect to the subject matter hereof.

Amendment and Modification. These Terms and Conditions may only be amended or modified in writing stating specifically it amends these Terms and Conditions and is signed by an authorized representative of each party.