General
1. This is a contract between you and OMGI1.com, a for-profit company of Florida, and this Agreement governs both your legal rights with regards to OMGI1 the business as well as your use of our website. You openly and unconditionally agree to be bound by the terms and conditions of this Agreement each time you access our website. If you do not wish to be so bound, please do not use or access our website.
2. We may amend this Agreement at any time by posting the revised terms on our website. A notice will be posted on the homepage of our website when such changes occur. Such changes become effective in the time as specified in the notice.
3. OMGI1.com provides an online auction service to its users. The auctions are for brand new, name-brand products.
Bidding
1. Before each Auction, the Company will determine the maximum Bid amount for each Auction and the Maximum Number of Bids that will be accepted for the Auction. This price will be displayed for each Auction and is referred to as the OMGI1 price.
2. Participants in the Auction will submit Bids less than or equal to the OMGI1 price in United States Dollars and cents and will pay an administration and registration fee ("Bidding Fees") for each Bid submitted.
3. You cannot place a Bid in an auction any higher than the “OMGI1 Price” for that auction.
4. Each Auction is independent of all other Auctions and is for only one product and/or service and every Auction will have a Unique Auction number.
5. Each Auction will close when maximum number of bids have been accepted. After the Auction closes, the Participant that submitted the winning Bid is determined. The Winning Bid is the highest unique Bid for the offered item out of all Bids received for the Auction. A unique Bid is a Bid that is not identical to any other Bid submitted in that Auction.
6. Once identified, the Successful Participant in an Auction is extended an offer to obtain the product and/or service for the Successful Bid submitted by them in that Auction, as described herein this Users Agreement.
7. OMGI1 auctions are conducted as “blind auctions”, which means bids placed by members are not revealed to other members through the Service, until the close of each auction.
Product Shipping
1. OMGI1 uses the address you have entered in your account profile when establishing delivery of auction products. You understand and agree that OMGI1 is not liable for errors in your address and that you are responsible for maintaining a correct address in your account profile. Likewise, you understand and agree that OMGI1 has no control of 3rd party shippers and as such, OMGI1 is not responsible for late or missing deliveries. Again, OMGI1 may assist you with such issues, but OMGI1 is under no obligation to do so.
2. After receiving payment for the Successful Bid from the Successful Participant, the Company will ship or deliver the product and/or service via methods described herein this Users Agreement to the address contained in the Successful Participants Member profile at the time the Bid was submitted and accepted by the Company.
Registration
1. To use our Service, you must first register with OMGI1. By registering your account with OMGI1, you represent that you are at least 18 years old and that, to the best of your knowledge and belief, your registration information is honest, accurate, and complete. A user name and password will be chosen by you. You are responsible for maintaining the secrecy of your password and for activities occurring under your account. Be sure to change your password promptly and notify us if you believe that others are accessing your account. Each user must register separately. You will not loan your user name and password to others. Only one (1) user account per individual is permitted. Multiple user accounts held by a single member will be deemed void and ineligible to win any auctions on the website.
Products
1. The subject product of each auction is usually offered at 1% - 20% of its “retail price”. The “retail price” is supplied by partners and/or distributors and is typically equal to the Manufacturers Suggested Retail Price (MSRP). OMGI1 makes no warranty that the “retail price” of the product will necessarily be the MSRP of the product.
2. This Web Site is not affiliated with any of the listed merchants on this Web Site. The merchants listed anywhere on this Web Site do not endorse or sponsor the OMGI1 auctions or any activities associated with it, unless expressly noted. These merchants are not liable for any claims, alleged or actual, related to this offer. The merchant names, designs, and related marks are registered trademarks of their respective owners.
3. OMGI1 does not warranty the quality or functionality of an auction product in anyway and you understand that you may make no claim against OMGI1 for any problems with an auction product. You understand that in such a case, your claim is against the manufacturer of the product. OMGI1 may assist you with such issues, but OMGI1 is under no obligation to do so.
Auctions
1. If an auction fails to close, OMGI1 reserves the right to cancel the auction.
2. Bidding continues on an auction until it either closes or is canceled. In order for an auction to close, the maximum number of bids must have been reached AND a unique bid must have been identified as the winning bid. This unique bid is the highest, unduplicated bid in the auction.
3. Within 30 days of receipt of payment from the winner, OMGI1 will have the product shipped or delivered via whatever means OMGI1 determines as the most direct, cost effective, and reliable. OMGI1 will use the address as listed in the winner’s account profile at the time of auction close. OMGI1 will require a signature at the time of delivery for all products. In some cases, where a product is a custom ordered product, shipping and delivery may take additional time. OMGI1 will notify the winner of the auction item about any delays in shipping the product.
Product Availability
1. You understand that an auction can take place over a long period of time. While OMGI1 will make reasonable attempts to insure that an auction product will be available at the time of auction close, you understand and agree that OMGI1 has no control over whether the manufacturer or distributor of an auction product may discontinue the auction product; thereby making the auction product unavailable at auction close. In such a case, you understand and agree that OMGI1, at its option, may cancel the auction, offer the winner a comparable product of equal or greater value or offer the winner of the auction a cash voucher with the manufacturer or distributor that is comparable in value to the original auction product.
Free Auctions
1. OMGI1 offers both fee-based auctions and free auctions as part of our Service. To participate in a fee-based auction, you have to pay to enter the auction. To participate in a free auction, you can use your accumulated OMGI1 Credits.
2. You receive 1 OMGI1 Credit when you register with OMGI1.
3. You receive 1 OMGI1 Credit for each friend you refer who registers with OMGI1 AND enters a fee-based auction. To receive your OMGI1 Point, your friends must identify you as the person who referred them, either by entering your email address when registering or replying to link marked with your referral code.
4. You receive 1 OMGI1 Credit each time your referral enters a fee-based auction
5. If you compile 15 free bid credits you may exchange them for one fee based auction bid.
6. Free auctions function identically to fee-based auctions with the following exceptions:
o Free auctions require no payment to enter; hence the term, “free auction.”
o Unlike a fee-based auction where you win the right to purchase the product for your bid price, when you win a free auction, you simply receive the product.
Cancellation policy
If a fee-based auction does not close for whatever reason, OMGI1 may cancel the auction. If OMGI1 cancels an auction the following actions will be taken:
1. The Bid fee will be charged back to each particular bidder’s account.
2. All OMGI1 credits you accumulated for that auction will remain yours to keep and use in the free auctions.
3. OMGI1 will list the auction as “canceled” on our website for a period of 20 days from date of cancellation.
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