The following Terms & Conditions have been modified on March 6, 2010.

Terms & Conditions

General Rules

The following General Terms and Conditions (and/or “Agreement”) are provided to govern the relationship between For10cents.com, CORPORATION (aka "For10cents" or “For10cents.com”) and our Users. The name “For10cents.com” is for entertainment purposes only and has no relation to the costs of the items auctioned on this website. By logging in to For10cents.com, the User accepts the following General Terms and Conditions and any revision or amendment thereto which may occur in the future which will be detailed therein. Any alterations to the following Terms and Conditions must be agreed to in writing by the parties.

The following terms used in the Terms and Conditions mean:

Terms and Conditions - This Document.
Operator - For10cents.com, a corporation registered in the state of Delaware.
Presenter - For10cents.com, a corporation registered in the state of Delaware.
Service - Online transactions made available by the Operator, servicing domain of for10cents.com, so that the Operator organizes the Auctions and makes a right to purchase single Manual Bid or Autobid available for purchase and executes Manual and Autobids.
Auction - Sale of a product pursuant to and within the framework of these Terms and Conditions.
Bid - Execution of one of the service functions that allows the User to express the buying interest of a given item offered in the Auction and then offering a purchase price for that item. Bid is also an agreement the item for the specified final price in the Bid Auction.
Autobid - A Bid made automatically by the automatic system with the permission of the User. Autobid is set by the User by selecting desired parameters for the Auction.
System - The Online system guaranteeing the operation of the Service.
BID - A right for a single Manual Bid or Autobid.
Bank of BIDs - The amount (bank) of BIDs in User’s Account that was purchased from the Operator for the price specified in “Prices.”
BID Packs - Packages of more than one BID available for sale at Auction.
User - Physical person 18 years of age or older who is registered in our Service and has access to his/her own User Account.
Prices - Published prices by the Operator on one of the information pages that describes conditions and payment amount for the right to buy BID.
Auction End Time - The time that is left until the End of Auction without any time extensions or suspensions. After a service suspension, Auction End Time will resume with the time that was remaining in the Auction at the time of suspension.
End of Auction - The time at which the Auction is over indicated by the word “Ended” on the Auction Page.
Account - User’s personal information and history of actions on the webpage that is maintained by the Operator.
Auction Parameters - Information relating to a particular Auction, such as: name and description of item being Auctioned, manufacturer’s suggested retail price, Starting Price, Auction End Time, Bid price, Bid Time and shipping cost for the item.
Autobid Auction Parameters - Parameters that are set by the User when selecting the Autobid function on the Autobid Settings page.
Final Bid - Bid that wins the Auction.
Auction Page - Page dedicated specifically for the Auction of a specific item. This page will contain the following information: name and description of item being auctioned, manufacturer’s suggested retail price, Current Price, Current High Bidder, Auction End Time, Bid Time remaining, Bid Price and shipping cost for the item.
Starting Price - The initial price for an item set by the Operator when the Auction begins.
Purchase Price - Price at which the Auction Winner pays for an item won at Auction.
Current High Bidder - The User who is the current highest bidder for an item who will become the Auction Winner if there are no more Bids until the Auction End Time.
Auction Winner - The User who places the Final Bid that wins the Auction for a particular item.
Merchandise - All items available for sale at Auction excluding Bids or Bid Packs.

Registration

Registration for our service is free of charge.
1. Registration will be granted to a physical person 18 years of age or older who has not been previously banned or suspended from our service for violation of the Terms and Conditions set forth herein or for unlawful or unethical activity as determined solely by the Operator. By registering on Fort10cents.com, the User declares that he/she is at least 18 years old and capable of entering into a legally binding contract. For10cents.com does not take any responsibility for verifying a User’s age.
2. If a User who is currently banned/suspended from this service attempts to re-register, an automatic freeze will be placed on that User’s account, the User will forfeit any bonus Bids awarded, and the Bids purchased by the User will be refunded.
Proper registration must include a valid and current email address for the User and the User must provide a unique username and password.
Information provided by the User on the registration form must be truthful and correct. Any User who provides false or invalid information on the registration form may be rejected from registration on the website and banned from using the services provided therein.
Registration must be confirmed by confirmation link that will be sent to the User by email within 24 hours after registration is submitted. Unconfirmed registrations will be cancelled.
A Confirmed registration creates an agreement between the User and the Operator whereby the User is authorized to use the services offered by the Operator, subject to the Terms and Conditions set forth herein, and may create and maintain 1 (one) personal account for use in connection with the webpage.
A User cannot change his/her login name after registration is confirmed. A User shall be limited to one personal account and one username.
A User shall not engage in the commercial use of the Service. As used herein, “commercial use” means the direct sale of goods to consumers. The direct sale of any items won at Auction is strictly prohibited and any violation thereof is cause for termination of a User’s account.
A User cannot use another User’s account and cannot make his/her account available for use to others. Each User account shall have a unique, distinct, and separate mailing address, email address, Social Security Number, bank account number or credit card number, computer IP address, computer address, and phone number. Collusive agreements between two or more Users taking part in a single Auction is a violation of the Terms and Conditions and may result in forfeiture of a User’s right to participate in future Auctions at For10cents.com.
A User shall be limited to winning a maximum of 4 items of Merchandise within any 10-day period. Upon reaching the maximum 4 Merchandise items, the User will not be qualified to win another Merchandise item within this time period. If a User reaches the maximum 4-item limit while participating in multiple Auctions simultaneously, Bids executed in any of the concurrent Auctions after the limitation takes effect will be invalidated and will not be subject to a refund.
A User shall be limited to wining a maximum of 4 Bid Packs within any 10-day period. Upon reaching the maximum 4 Bid Packs, the User will not be qualified to win another Bid Pack Auction within this time period. If a User reaches the maximum 4-Bid Packs limit while participating in multiple Auctions simultaneously, Bids executed in any of the concurrent Auctions after the limitation takes effect will be invalidated and will not be subject to a refund.
Notwithstanding the limitations imposed herein, a User shall be limited to winning a maximum of 50 auctions (regular merchandise and/or Bid Packs) at www.for10cents.com during any period of time. Upon winning of a total of 50 auctions, the User will be notified via email that his/her account will be deactivated for a period of 60 days. After 60 days, the account will be reactivated and the User will be permitted to participate in auctions until again reaching the limit of a maximum of 50 won auctions. Upon deactivation of the User’s account, the User will have an option of obtaining a refund for any unused bids within 10 business days from the date of deactivation by notifying the Operator, or leaving the unused bids in his/her account for the period of account deactivation during which time the User will earn free bids towards his/her account. The compensation for not withdrawing the unused bids during the 60-day deactivation period will equal to 10 percent of a total number of such bids added to the User account upon expiration of the 60-day period.
Autobid parameters set by User will resume after the limitations set forth in paragraphs 10 and 11 are no longer applicable.
Operator reserves the right to verify the User’s personal information during and after registration and reserves the right to temporarily or permanently disqualify a User, or disable their account at any time, and at its sole discretion. Users will be disqualified when in the reasonable opinion of the Operator a User has violated any laws or the rights of third parties. A user will be disqualified if such action will protect the rights of other users, or to prevent unauthorized manipulation or use of the Operator. Examples of such unauthorized usage include (but are not limited to) non-payment of bids, use of unauthorized third-party bidding software or set up of multiple user accounts by the same individual. In case of a breach of these Terms and Conditions, the Operator reserves the right to withhold deliveries or refunds for bids.
A User in good standing has the right to participate in Contests that may be organized by the Operator from time to time. Contest rules will be set forth in the Regulations on the specified Service Pages.
Employees of For10cents.com and first-degree relatives of said employees are forbidden from participating in the Auctions at For10cents.com.

Auction

Each Auction will proceed pursuant to the terms and conditions set forth in that Auction’s Parameters.
An Auction will begin when the Bid function for that Auction is activated by the Operator.
Auction Starting Price will be set forth in the Auction Parameters.
Bid Rules:
1. User Bids by clicking “Bid” on the Auction Page or the page that references this specific Auction. User Bids by using their bank of BIDS from their account.
2. User can only Bid if there is at least one BID in their BID Bank. A BID can be purchased with a credit card/debit card or through PayPal.
3. One BID or one Autobid decreases the User’s BID bank by one Bid.
4. After an Auction starts the system tracks the Auction End Time each second.
5. Each Bid increases Auction Time by a specified Bid Time if the Auction End Time is less than the Bid Time.
6. The current price of the auction item is located on the Auction page.
7. With each Bid or Autobid the item’s price increases from the Current Price by the amount of the Bid or Autobid.
8. The last Bidder is the Current Winner of the Auction.
9. The End of Auction is indicated as “Ended” on the Auction page.
10. The Current Winner becomes the Auction Winner at the time of the End of Auction and the Current Price becomes the Sale Price. At this point, a contract to purchase the item has come into effect between the Auction Winner and For10cents.com.
11. At the conclusion of an Auction, the Auction Winner will be directed to the product and price information page where information such as total price (including shipping costs) and payment options will be displayed. Once the Auction Winner has paid and clicked on the confirmation button the win is accepted. For10cents reserves the right to cancel the contract if an Auction Winner has not redeemed the item in the foregoing manner within 14 days from the date of the conclusion of the Auction.
12. Once the item and all BIDS purchased by the Auction Winner have been paid for, For10cents will deliver the item to the Auction Winner’s address. For10cents, in its own discretion, may retain the item purchased at Auction if the Auction Winner has any balances outstanding and unpaid to For10cents. An invoice containing the item price and delivery charges will be included with the delivery of the item.
13. In order to ensure fairness and transparency of the Auction process, For 10 cents reserves the right to request transaction confirmations from its Users. Therefore, a User may be required to verify by signature certain Bids executed or Auctions won. Failure to do so may result in the suspension or termination of that User’s account.
  WARNING: Participation in the Auction requires a User to purchase BIDS. BIDS are not an investment and will expire upon the completion of an Auction at which the User places BIDS. BIDS will not be refunded if the User loses the Auction or cancels its account.
REWARD PROGRAM:
1. During any single AUCTION, the Bidder will be entitled to reward points calculated as 10% of BIDS spent.
2. The reward points will be tallied and displayed in the “Reward Points” column of the Users account.
3. Users with rewards points will be notified of how and when reward points can be redeemed via email prior to the redemption period.
4. Failure to redeem reward points within the redemption period will result in an automatic loss of reward points accumulated during that redemption period.
AUTOBID RULES:
1. To use AutoBid, the User must set the Autobid Parameters separately for each Auction according to the rules on the Autobid setup page.
2. An Autobid properly set up is executed automatically between the end of the Initial Auction End Time and the actual end of the Auction.
3. User must have at least one BID in their BID Bank and each Autobid decreases the User’s BID Bank by one Bid.
4. In Auctions where more than one user uses Autobid, the Current Price is increased by the total of Bids of the users that use Autobid. The User whose Autobid Bids last becomes the Auction Winner.
5. User using Autobid does so at their own risk.
6. Use of Autobid does not guarantee a winning Auction Bid.
7. Further Autobid instructions are available in the “Help” section of the For10cents.com web site.

Cancellations and Returns

Auction Winners may cancel a contract for the item by notifying For10cents.com in writing within 14 days from the date of the Auction in which the particular item was won. Auction Winners may return the item within 7 days of delivery for any reason. Upon cancellation or return, Auction Winners will be entitled solely to a refund of the Sales Price and not any Bids previously purchased. Items such as computer software, books, and audio or video recordings that have been unwrapped are not eligible for cancellation or refund (unless, in the event of cancellation, the item has not yet been shipped).

If the return was due to an error of For10cents.com (for instance, For10cents.com accidentally sent the wrong merchandise) or the item is delivered defective, For10cents.com will accept responsibility for all shipping costs related to the return. When shipping back the incorrect item to us, please use USPS 1st Class Mail or Priority Mail. If the package is too large or very valuable, please feel free to contact For10cents.com so that For10cents.com may arrange the return. The Auction Winner’s credit card will be refunded for the shipping, or bidding credit can be issued. If the return is not due to an error of For10cents.com (i.e.- Auction Winner ordered it and then decided later on that he/she didn't want it), the Auction Winner accepts full responsibility for all shipping costs plus a 10% re-stocking fee will be deducted from the refund.

The following contact details must be used:

For10cents.com
P.O. Box 346004
Chicago, IL 60634
support@for10cents.com

Refunds are usually issued within 30 days of return of the product.

Delivery

An estimated shipping date will be provided after an Auction has been confirmed. These dates vary due to carrier shipping practices, delivery location and the items won. Delivery dates noted apply to orders placed by 5:00 p.m. local time (or 4:00 p.m. local time in stores and in limited locations across the country) and where credit approval and product availability are confirmed by 5:00 p.m. on the same business day that the order is placed. Items shipped direct from the vendor may require an earlier order placement time. Auction Winner will be notified of the estimated delivery date in a confirmation e–mail. If, for whatever reason, For10cents.com cannot deliver an item within 30 days from the date an Auction Winner has been confirmed, For10cents will provide the Auction Winner with the option to receive payment equal to the retail value of the item won at Auction, or continue to await delivery for up to an additional 30 days. In the event it is apparent that the item will be undeliverable, the Auction Winner will receive payment equal to the retail value of item. For10cents.com is operated within the continental US for Users within the US and therefore does not ship or bill to international addresses. For10cents.com delivers to street addresses (not P.O. Boxes or APO/FPO) in the continental US only.

No Warranty

FOR10CENTS.COM AND ITS SUPPLIERS, (SUCH AS BUT NOT LIMITED TO, UTILITIES, INTERNET SERVICE PROVIDERS, CONSULTANTS, ETC.) PROVIDE THE WEBSITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. OUR SUPPLIERS AND WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, and FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights, which vary, from state to state.

Limit of Liability

FOR10CENTS.COM WILL NOT BE LIABLE FOR ANY LOSS, DAMAGES, CLAIMS, EXPENSES OR INJURY (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENCIAL OR INCIDENTAL DAMAGES, CLAIMS, EXPENSES OR INJURY, AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, EXPENSES OR INJURY) THAT ACCOMPANY OR RESULT FROM YOUR USE OF THIS WEB SITE, OR FROM USE OF THE SERVICES PROVIDED HEREUNDER, OR IN CONNECTION WITH ANY BUYING, SELLING, TRADING, ADVERTISING, AUCTION, OR OTHER FACILITIES OF FOR10CENTS.COM OR FROM YOUR USE OF ANY OTHER WEB SITE WHICH IS ACCESSIBLE FROM THIS WEB SITE.

Liquidated Damages

Users shall be limited solely to the recovery of liquidated damages on any claim relating to or arising out of the use of the for10cents.com website. The liquidated damages shall not operate as a penalty but rather shall equal the total amount of money expended on all bids during a single auction, or the retail value of the item which is the subject of the auction, whichever is less.

Outage Policy

For10cents.com’s highest priority is to allow its Users to have access to our site every minute of every day. However, For10cents.com may occasionally experiences an interruption of service during which bidders cannot place bids. Interruptions in service may be due to regular maintenance and hardware upgrades, or interruptions that are out of our control. In the event of such an interruption, the User will be notified that the Auction is temporarily suspended. During such time, Auctions will be maintained at the bidding price according to the highest bidder at the time of the interruption in the best manner possible. Once the interruption is resolved, the Auction will continue in the same state at which it was just prior to the interruption. Users are not eligible for refunds of bids placed during an Auction which has been halted due to an interruption or outage. In addition, For10cents shall not be liable for any damage whatsoever incurred by Users or third parties from using For10cents’s services. For10cents shall not be liable for damage that occurs due to bids submitted by Users not being received, confirmed, or accepted as a consequence of technical interruptions.

Trademarks

Applicable Law / Severability Clause

This Terms of Use Agreement and your use of the website shall be governed by and construed in accordance with the internal laws of the State of Delaware, and its validity, construction, and performance shall be governed by the laws of the State of Delaware applicable to agreements made and to be wholly performed therein. Should any dispute or controversy arise between the parties hereto with reference to this Agreement, the parties shall first attempt to settle such dispute or controversy by arbitration through the American Arbitration Association. Accordingly, in such event, any action or proceeding brought by any party hereto shall be submitted to arbitration to the American Arbitration Association in Delaware. This arbitration provision shall remain in full force and effect notwithstanding the nature of any claim or defense hereunder.

External Links

The For10cents.com web site may contain links to many other web sites. These links are set up to open in a new window. For10cents.com cannot guarantee the accuracy of information found at any linked site and therefore takes no responsibility for the content provided therein. Providing links to non- For10cents.com sites does not constitute an endorsement by For10cents.com or any of its employees of the sponsors of these sites or the products or information presented there.

General

These Terms and Conditions set forth the entire agreement and understanding of the parties relating to the subject matter hereof and merges any prior discussions between them. For10cents has the right to revise and amend these Terms and Conditions from time to time in its absolute discretion. All Users will be subject to the policies and terms and conditions in force at the time that they have successfully bid for items listed on the For10cents.com website. Any notice required or permitted by this Agreement shall be in writing, unless otherwise stated herein, and shall be sent by prepaid US Postal mail, addressed to the other party at the address of For10cents.com or at such other address for which such party gives notice hereunder. Such notice shall be deemed to have been given the same date of the postmark. The User agrees that its rights and obligations under this Agreement may not be transferred or assigned directly or indirectly without the prior written consent of For10cents.com. Subject to the foregoing sentence, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. If any provision of these Terms and Conditions is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. The parties agree to renegotiate in good faith any term held invalid and to be bound by the mutually agreed substitute provision. The prevailing party in any legal action brought by one party against the other and arising out of these Terms and Conditions shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorney’s fees. For10cents is the owner or licensee of all intellectual property rights on the For10cents website and the material published therein. Any reproduction of the works protected by copyright, trademark, or patent laws is strictly prohibited. Www.for10cents.com website is operated by For10cents.com, Inc. a corporation registered in the state of Delaware. The company headquarters are located at 145 S. Northwest Hwy. in Park Ridge, IL 60068.