Terms & Conditions

Terms and Conditions

Last Updated: August 1, 2016

General / Overview

 

The following Terms & Conditions shall apply to the relationship between Orion, Inc. all subsidiaries of OneCentKicks, and www.onecentkicks.com ("OneCentKicks"), and the end user ("You" or "Your"). By using OneCentKicks’ services, You accept these Terms & Conditions, as well as the manner in which OneCentKicks operates. These Terms & Conditions constitute the entire agreement between OneCentKicks and You and supersede and replace all prior commitments, undertakings or representations, whether written or oral, between You and OneCentKicks with respect to Your use of OneCentKicks.

Information on OneCentKicks, such as the "FAQs", "Help" or "About Us" sections, are only recommendations and therefore are not intended as rules or guidelines of any kind. OneCentKicks is not liable or responsible for the actions of users or other individuals who have read or been informed of such information or other written material.

If you have any questions, concerns, or comments about our Terms & Conditions, please email us at contact@onecentkicks.com.

Acceptance of Terms & Conditions

If You do not agree to the Terms & Conditions, do not use OneCentKicks. If You access, use, or download in any way, any service from OneCentKicks, You agree to and are bound by these Terms & Conditions and also acknowledge that (a) You have had the opportunity to review the tutorials regarding the use of OneCentKicks included in “FAQs”, and “How It Works”, (b) You have either reviewed the tutorials or have chosen not to do so, and (c) You have had the opportunity to ask questions regarding the use of OneCentKicks by telephone or email and to have those questions answered.

Changes to Terms & Conditions

OneCentKicks may change (add to, delete, or amend) the Terms & Conditions from time to time, with or without cause. Should this occur, You agree that OneCentKicks may provide You notice of such changes in any of the following ways: via a blast email from OneCentKicks, via an RSS feed, via OneCentKicks blogs or social media outlets and/or by posting a change notice on the website for a reasonable amount of time. It is Your responsibility to review any revised Terms & Conditions. Should You find any subsequent revisions to the Terms & Conditions unacceptable, You must cease using OneCentKicks’ services. By continuing to access, use, or download in any way any service from OneCentKicks following notice of a revision to the Terms & Conditions, You agree to and are bound by the Terms & Conditions as revised.

Eligibility

 

By accepting the Terms & Conditions and/or registering with OneCentKicks, You confirm that You are at least 18 years of age and at least the age of majority under applicable laws of the country, state, city, or other jurisdiction (each, a "Jurisdiction") of Your residence, that You can engage in a binding contract, and that You meet all other eligibility requirements contained in these Terms & Conditions. By using OneCentKicks, You warrant that You have the right, authority, and capacity to enter into this agreement and to abide by all of the Terms & Conditions.

OneCentKicks employees and their family members (defined as parents, spouse, siblings and children) and any persons residing in the same household as OneCentKicks employees may not under any circumstances participate in OneCentKicks auctions.

OneCentKicks products and services are offered exclusively to private users and not to commercial or semi-commercial retailers.

OneCentKicks reserves the right to limit in its sole discretion the number of user accounts per household and the number of won auctions per user account. A single credit card may not be used in conjunction with multiple user accounts. OneCentKicks limits the number of user accounts per natural person and/or per household to one (exceptions may apply – contact customer support with any questions at support@onecentkicks.com).A single user may win a total of fifty (50) total auctions in a calendar month. You may only win one (1) sneaker auction per day. You may win one (1) sneaker auction worth $1000+ in a calendar month. You may win two (2) sneaker auctions worth $500-999 in a calendar month. You may only win ten (10) sneakers in a month as long as you don't violate one of the rules above. 
You may only win eighteen (18) bid auctions, in any combination of amounts in a calendar month. You may win three (3) bid auctions, in any combination of amounts per day. A single user may only win one (1) designer fashion item (includes watches or handbags) in a calendar week (Monday-Sunday). Questions about fashion accessories only can be sent to contact@onecentchic.com.For all other matters use the Contact Us section.A single user may only win ten (10) accessory type items (socks, hats, video games, other sneaker related accessories) in a calendar month. When a user reaches the maximum number of wins for a particular auction type, they will be unable to bid until the beginning of the next period. If a user attempts to bid after reaching the maximum for any given type of auction, OneCentKicks may freeze that user’s account until the beginning of the next period, thereby disabling that user from bidding on any auctions. Any bids that get processed after a user reaches the win limits will not be returned. You may only win one Beginner Auction (labelled Beginner Auction on the site) from each IP or household. If a second win is registered under the same IP the win will be void. 
Additional information can be found in the Win Limits section of the website.

You may not participate in collusion with other users. OneCentKicks reserves the right to permanently close the accounts of users suspected of collusion.

Registering

 

You may register only once with OneCentKicks, and You must provide a postal address where You reside (P.O. boxes or similar arrangements are not permitted). You agree not to have more than one account. You must not provide misleading information when registering. You may not collude to exchange information with other OneCentKicks users. Your chosen username must not be offensive, rude, disparaging, or intended to deceive or delude other OneCentKicks users. Your username may not advertise for other websites or services or otherwise violate the intellectual property rights of any third party.

If OneCentKicks receives information that Your username is illegal or in breach of these Terms & Conditions as evaluated in OneCentKicks sole discretion, Your user account may be frozen until You change the username. OneCentKicks also may permanently close Your account without prior notice to You for violating these Terms & Conditions.

You are responsible for keeping Your user account password confidential. OneCentKicks will never ask for Your password except during login. You should never provide Your password to anyone, including OneCentKicks’ employees. User accounts are non-transferable. Only You may use Your user account. You agree to be liable for all offensive or unlawful activities that are undertaken using Your user account.

Referrals

 

You may refer friends to OneCentKicks using the referral form on the OneCentKicks website. OneCentKicks offers free bids to any user who refers new users who purchase a Bid Pack. OneCentKicks reserves the right to review each referral for possible fraud. You may not refer family members or persons located in Your household. Any abuse of the referral system may result in the deduction of fraudulent bids awarded and/or the termination of Your account in OneCentKicks’ sole discretion.

Bidding Policy

 

If OneCentKicks believes that at any time You are or have partaken in aggressive bidding tactics commonly known as “bully bidding” or “power bidding,” OneCentKicks reserves the right to temporarily or permanently suspend and/or terminate your account. For the purposes of these Terms and Conditions aggressive bidding, bully bidding or power bidding will be defined as:

  •    A bidder who attempts to control the bid from start to finish no matter how high the item or bid pack goes
  •    A bidder who intentionally bids in a manner to intimidate other users and make them less likely to bid in any future auctions

Account Termination

 

You have the right to terminate Your account at any time. You may do so either by not returning or by closing Your account.

OneCentKicks reserves the right to temporarily or permanently terminate Your account at OneCentKicks’ sole discretion if it determines or suspects You have violated these Terms & Conditions, any laws, or the rights of our other users or other third parties. Examples of unauthorized usage include, but are not limited to, the use of unauthorized third-party bidding or bid tracking software, the creation of multiple accounts by the same individual or other fraudulent account activity or behavior. You agree that if OneCentKicks, in good faith and in its sole discretion, determines that You have breached these Terms & Conditions, OneCentKicks may withhold, cancel, or otherwise retain any and all of Your pending deliveries and/or refunds for bids.

Bid Purchases / Bidding

 

Bids are purchased in advance in the form of "Bid Packs." OneCentKicks reserves the right to offer different size Bid Packs at different times. Should You not honor a payment, You will be charged a returned payment fee. OneCentKicks reserves the right to block access to a user's account until payment in full of the invoice amount, including any fees due to returned payment, etc., and to withhold any outstanding deliveries until payment in full is received.

From time to time, free bids may be offered. Free bids are only valid until the expiration date stated in the promotion, which is typically seven days. Once a bid is placed in an auction, it is deducted from the user's bid account and can no longer be refunded, irrespective of whether or not the bid is successful.

You can place bids by manually clicking an auction's "Bid" You can read more about how the bidding process operates in the "FAQs" and "Help" sections.

A predetermined amount of time will be added added to the timer and one bid will be deducted from Your account with each bid placed. The amount of time to be added will be denoted at the beginning of each auction. Times may vary. An auction ends when the timer on the OneCentKicks server(s) hits zero. The winner of an auction is the last bidder the database recorded before the timer on the OneCentKicks server(s) hit zero.

Bids are a limited license to participate in OneCentKicks auctions and have no monetary value. You may not obtain any money in exchange for Bids; however, OneCentKicks has a limited return policy with respect to purchased Bids. For one year after purchasing Bids, You have the right to a full refund for the purchase price of the unused bids remaining in the Bid Pack. Voucher and Free Bids are not eligible for a refund. All bids bought during a Special Bid Deal may only be refunded within 30 days of purchase. This includes all deals where bids are discounted from the normal price on the Bid Purchase Page. To the extent there are unused Bids in Your account, and there has been no activity for two years, You will be charged an inactivity fee of five (5) Bids per month for each inactive Bid Pack. All Bids expire after three years of inactivity. Once we delete Bids we will not reinstate them, except at our discretion.

If You ever believe that Your account does not reflect Bids that You have acquired validly, You must notify us within six months of the date You claim to have acquired the Bids.

OneCentKicks may in its sole discretion offer select products for direct purchase through OneCentKicks. Products offered through OneCentKicks are available in limited quantities and for a limited time. OneCentKicks reserves the right in its sole discretion to limit the number of products per user account that may be purchased through OneCentKicks directly. Products offered through OneCentKicks directly are brand-new, unless specifically stated otherwise.

Odds of Winning Auctions

 

Every auction is unique and the results of all auctions offered on OneCentKicks depend on the number of users participating in such auctions and the skill of the users participating in the auctions; precise odds of winning are therefore unavailable.

Acceptance of the Win / Payment

 

After an auction has ended, You must actively confirm and pay the total price for the won auction. Once You have clicked on the confirmation button the win is accepted. If an auction win has not been confirmed and paid within three (3) days of the auction end date, OneCentKicks may withdraw the offer to conclude the order and permanently revoke the winner's right to pay for and receive delivery of an item. If OneCentKicks does this, all bids placed in that auction will be deemed expired and will be non-refundable. After confirming the win and paying the total amount due, the winner will receive a confirmation e-mail. The item will not be sent to You until the total price has been paid to OneCentKicks. An invoice containing the auction price and shipping costs will be sent to You by OneCentKicks once delivery has been arranged.

*You may not use a promotional code when paying for an auction. If done all extra bids will be removed.*

Special Promotions

 

Any special promotions run by OneCentKicks shall only be valid if they are announced on OneCentKicks or in its corresponding email newsletter or social media websites. All promotional codes can only be used by each customer. If the code is used twice, the bids will be removed. Certain promotions may only be valid for a limited time, with details announced on OneCentKicks or via email, or social media. Once the advertised time limit of any promotion has been reached, or the relevant auction or auctions have ended, the promotion is also finished.

Returns / Cancellations

 

OneCentKicks allows winners the right to cancel or return an order in accordance with OneCentKicks return policy, which OneCentKicks may change from time to time in OneCentKicks’ sole discretion. If You cancel an order to which the cancellation provisions apply, You will be entitled to a refund of the auction end price (including shipping costs if no items have been shipped) You have paid even if the goods are not defective in any way. Bids placed on the auction are not eligible for a refund. These cancellation rights end seven (7) days after the day the winner received the goods or a notification that the goods are ready for collection.

Some exceptions may apply. If an exception does apply, it will be noted on the auctions return information on the individual auction page. If You are found to be in bad standing due to fraudulent behavior, excessive refund requests, or other such behavior, You are deemed to be in breach of the Terms & Conditions and will not be eligible for a refund.

If You wish to cancel an order, You must inform OneCentKicks by email that You want to cancel within the time period noted above. Cancellations by phone will not be accepted. The following contact detail must be used: contact@onecentkicks.com.

In order to complete a cancellation or return, You must return the received product or products in new condition. Shipping expenses for returns will be paid by You unless goods are found to be defective. OneCentKicks will not accept a return if You are unable to return the service or product received or are only able to return it in part or in a damaged or used condition.

Should OneCentKicks incur additional costs for insufficient postage on the return, these costs will be deducted from any previous payment remitted by You.

Should OneCentKicks not be able to deliver the product ordered or the product won for any reason, You will have the option to accept an alternative but comparable item, as determined by OneCentKicks in its sole discretion, or receive a refund of the auction end price (including shipping costs, if any) You have paid.

Return Policy

Delivery

 

Deliveries are made to all 50 states and Washington, D.C., as well as internationally. Some restrictions or higher shipping costs may apply to deliveries to Alaska and Hawaii, as well as international deliveries.
Unless otherwise stated, delivery will be made directly from our supplier or from our warehouse to the address provided by You. Delivery times vary; therefore, any time provided is only a guide. OneCentKicks shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify the buyer. OneCentKicks will only be responsible for delivery of your items by a certified shipping carrier. Once delivery has been confirmed, you will be responsible for your package. Signature confirmation is provided on all items shipped domestically. If you request no signature confirmation, OneCentKicks will not be liable for any packages that are confirmed to be delivered by the shipping carrier. Obvious damage to the item from transport or packaging damaged during transport must be reported to OneCentKicks upon receipt.

OneCentKicks will deliver internationally, but only to the verified address attached to Your debit/credit card.

All deliveries are made FOB United States.

Withholding Payment / Retention of Title

 

You agree that the item delivered shall remain OneCentKicks’ property until OneCentKicks receives payment in full, including shipping costs and bids used in the auction.

Disclaimer of Warranty and Liability Regarding Use of OneCentKicks

 

You agree that use of OneCentKicks is at Your sole risk. Neither OneCentKicks nor any of its officers, directors, employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), or any third party who provides products or services purchased from or distributed by OneCentKicks, or the like, warrant that websites affiliated with OneCentKicks, including, but not limited to, OneCentKicks, will be uninterrupted, error-free, or free of viruses, worms, trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products, and services published on OneCentKicks may contain inaccuracies or typographical errors. OneCentKicks makes no warranty as to the results that may be obtained from the use of OneCentKicks or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through OneCentKicks. OneCentKicks shall not be responsible for any opinions, views, advice, or statements posted on OneCentKicks (including, without limitation, in any public posting areas of the website) by any person or entity other than an authorized OneCentKicks spokesperson. Advertisers, content providers, users, guests, independent writers, and experts are not authorized OneCentKicks spokespersons. At no time should the opinions, views, advice, or statements provided by advertisers, content providers, users, guests, independent writers, or experts be relied upon for important personal decisions without independent verification.

YOUR USE OF ONECENTKICKS IS AT YOUR SOLE RISK. THIS WEBSITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY ORION, INC., ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ONECENTKICKS DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

ONECENTKICKS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ONECENTKICKS, SECURITY OF THE WEBSITE, THE RESULTS THAT MAY BE OBTAINED FROM USE OF ONECENTKICKS, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. WITHOUT LIMITING THE FOREGOING, ONECENTKICKS DOES NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT, THAT THE SITE WILL MEET YOUR REQUIREMENTS, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS & CONDITIONS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ONECENTKICKS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THE WEBSITE, SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

THE LIMITATIONS OF THIS SECTION SHALL APPLY NOTWITHSTANDING ANY RELIANCE ON ANY INFORMATION OBTAINED FROM ONECENTKICKS OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT ONECENTKICKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS LIMITATION SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH ONECENTKICKS.

THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF OR RELIANCE ON ONECENTKICKS SERVICES OR ITEMS PURCHASED THROUGH ONECENTKICKS, FROM INABILITY TO USE ONECENTKICKS’ SERVICES OR ITEMS PURCHASED THROUGH ONECENTKICKS, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF ONECENTKICKS’ SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

If You are dissatisfied with any portion of OneCentKicks, You should discontinue Your use of OneCentKicks.

Disclaimer of Warranty and Liability Regarding Purchases from OneCentKicks

All new products are sold with the manufacturer's limited warranty only. OneCentKicks warrants solely that the products sold to You under these terms shall have the characteristics specified in OneCentKicks’ specifications for such products as set forth in the description of each auction and assumes no further warranties. The warranty period and service varies by manufacturer and product. The full text of any such warranty is available, free of charge, upon written request to OneCentKicks. Warranty is excluded for the delivery of any used products.

EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, ONECENTKICKS MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES PERFORMED BY ONECENTKICKS OR ANY OF ITS AGENTS OR SUBCONTRACTORS IN CONNECTION WITH ANY ORDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

YOU AGREE THAT ONECENTKICKS SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE USE, IMPROPER HANDLING, MODIFICATION, OR MISUSE OF THE PRODUCTS BY YOU OR ANY OTHER PERSON FOLLOWING DELIVERY BY ONECENTKICKS. IN NO EVENT SHALL ONECENTKICKS BE LIABLE TO YOU OR ANY OTHER PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR GOODWILL, LOSS-OF-USE DAMAGES OR ADDITIONAL EXPENSES INCURRED, WHETHER PURSUANT TO A CLAIM IN CONTRACT, TORT OR OTHERWISE, AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR OTHERWISE.

Indemnity

 

You agree to indemnify, defend, and hold OneCentKicks and its members, managers, shareholders, directors, officers, employees, agents, affiliates, licensors, and other partners (collectively, the "Indemnified Persons") harmless from any loss, cost, expense, liability, claim, or demand, including reasonable attorneys' fees, suffered by any Indemnified Persons due to, arising out of, or in connection with (i) Your use of OneCentKicks or any of the services offered by OneCentKicks, (ii) any violation of these Terms & Conditions by You or any person acting in collusion with You, (iii) any violation of applicable law or court order by You, and (iv) any negligence or willful misconduct by You.

System Outage / Temporarily Paused Auctions

 

A system outage has occurred if no bids can be submitted for items due to an unforeseeable disruption in a system. In such a case, auctions will be temporarily paused and the remaining time for the auctions, the current bidding price, and the current highest bidder will be recorded. After the disruption has been resolved, the auctions will be continued and ten minutes will be added to the remaining times for the auctions. Temporarily paused auctions are clearly indicated. Bids placed on a temporarily paused auctions will be credited back to Your account; however, OneCentKicks is not responsible for any other costs incurred by You due to a system outage. OneCentKicks reserves the right to cancel auctions that end due to system error, bot bidders, employee bidders, technical problems, or any other reasonable reason.

With current technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the Internet. OneCentKicks, therefore, provides no guarantee for the constant and uninterrupted availability of the website and other technical systems. OneCentKicks shall not be liable for any damage incurred by auction users or third parties from using OneCentKicks services. In particular, OneCentKicks shall not be liable for damage that occurs due to bids not being received by OneCentKicks, not being received promptly, or not being considered as a consequence of technical errors.

Trademarks

 

OneCentKicks’ logos are trademarks of OneCentKicks. All rights reserved. Any trademarks appearing on OneCentKicks are the property of their respective owners.

Dispute Resolution

 

By agreeing to these Terms & Conditions, You and OneCentKicks each waive the right to a jury trial or to participate in a class action.

You agree that any and all claims, disputes, and causes of action arising out of or relating to Your use of the OneCentKicks website or arising under these Terms & Conditions (each a "Dispute" and collectively, "Disputes") shall be resolved as set forth in this section. Before initiating any formal Dispute resolution proceedings, You agree to negotiate with OnecentKicks regarding any Disputes in good faith on an individual basis, and not as a plaintiff or class member in any purported class or representative proceeding. You may initiate these negotiations by sending a notice of the Dispute (the "Notice of Dispute") to OneCentKicks in a manner specified in the "Notices" section below. If OneCentKicks and You do not reach an agreement regarding a Dispute within 30 days following OnecentKicks receipt of the Notice of Dispute, OneCentKicks and You agree to submit such Dispute to binding arbitration, on an individual basis, under the rules of the American Arbitration Association. The proceedings shall be governed by the Federal Arbitration Act, and the award may be enforced in any court of competent jurisdiction. All administrative costs of any arbitration shall be split evenly between the parties. Each party shall be responsible for paying its own attorney fees, expert fees, and litigation expenses and not those of the adversary. For Disputes involving less than $10,000, if You are unable to pay the arbitration filing fee, OneCentKicks will pay the fee for You. To the maximum extent permitted by law, the parties agree that the arbitration award shall not include consequential or punitive damages but shall only award the aggrieved party the actual damages sustained.

Applicable Law / Severability Clause

 

This Terms & Conditions Agreement and Your use of OneCentKicks shall be governed by the laws of the United States of America and the State of Colorado. Without in any way limiting the "Dispute Resolution" requirements set forth above, any court proceeding related to this website or these Terms & Conditions may be brought only in a federal or state court sitting in Colorado. You agree to accept the jurisdiction of such courts.

OneCentKicks will follow all applicable laws for the sale of bid packages and goods in the countries in which it operates.

VOID OUTSIDE OF THE UNITED STATES. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If You open an account or participate in auctions offered by OneCentKicks while located in a prohibited jurisdiction, You will be in violation of the law and these Terms & Conditions and subject to having Your account suspended or closed permanently. You agree that OneCentKicks cannot be held liable if laws applicable to You restrict or prohibit Your participation.

The UN Convention on the International Sale of Goods shall not apply.

If any provision of these Terms & Conditions is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of these Terms & Conditions shall remain in force and effect and such invalid, unenforceable or void provisions will be deemed to be modified so as to effect the original intent of these Terms & Conditions as closely as possible.

Protection of Data: Collection, Processing, and Use of our Customers' Personal Information

The protection of Your data is very important to us. For more information on the collection, processing, and use of personal data, please read our Privacy Policy.

External Links

 

Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. These links are provided strictly for Your convenience and do not constitute an endorsement or approval of these websites. OneCentKicks assumes no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We cannot take any responsibility for the content, protection, or privacy guidelines of third-party websites.

Waiver

 

Any waiver of any provision by OnecentKicks of the Terms & Conditions or Privacy Policy will be effective only if in writing and signed by OneCentKicks.

Note:

 

Placing bids online at www.OneCentKicks.com frequently or repeatedly can result in high costs to the user. All users should monitor their bidding practices and check their charges regularly.

Notices

 

Except as provided otherwise in these Terms & Conditions, all notices, requests, instructions, and other communications given to OneCentKicks by You must be given in writing by hand delivery in return for a receipt, sent certified or registered U.S. mail (return receipt requested), or sent by FedEx or a similar overnight courier service, addressed to:

OneCentKicks

10867 W.Pico Blvd.
 Los Angeles CA 90064