ALL NEW BIDDERS MUST PROVIDE A DRIVERS LICENSE TO VERIFY SHIPPING ADDRESS. Oneofakindcoins LLC. TERMS AND CONDITIONS These Terms and Conditions (hereinafter the "Agreement" or "Terms") constitute a legally binding agreement between you (either an individual or an entity) and Oneofakindcoins, LLC, its affiliate(s) and subsidiaries (hereinafter collectively referred to as "OKC") regarding the use of its website One of a kind coins LLC (hereinafter the "Site" or "Sites"), its auction services. By utilizing the OKC Site(s) and/or Services (defined below), you understand, acknowledge and agree that you are legally bound by the terms and conditions set forth herein (and as hereafter amended): 1. ACCEPTANCE OF LEGALLY BINDING TERMS. BY UTILIZING THE OKC SITES AND/OR SERVICES (DEFINED BELOW), PLACING AN AUCTION BID, OR OTHERWISE PARTICIPATING IN A OKC AUCTION OR SALE, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT - AND SPECIFICALLY THE DISPUTE RESOLUTION, IN-PERSON ARBITRATION AND REMEDIES PROVISION - AS WELL AS THE APPLICABLE BUYER/SELLER TERMS. 2. DEFINITIONS. a. "Auction" means an online auction wherein remote users can bid either through absentee bids or real time bids on Products being auctioned via OKC Sites. b. "Bidder" or "Buyer" means an individual, artificial entity, or auction house registered as a Bidder with OKC for purposes of utilizing OKC’s Buyer Services to bid on (via Auction) or otherwise purchase Product(s) for sale through OKC’s Sites. If an artificial entity places a bid, the person executing the bid on behalf of the artificial entity agrees to, and hereby does, personally guarantee payment of such bid. The terms Bidder and Buyer shall be used interchangeably regardless of whether a Bidder is successful in an Auction. c. "Bidder Terms" mean the Bidder Terms & Conditions entered into by and between a Bidder and OKC for purposes of governing over a Bidder's access to, and use of, OKC’s Services as a Bidder. Said Bidder Terms are incorporated by reference for all purposes as if the same were fully set forth herein and are available via email at One of a kind coins LLC. d. "Product(s)" includes currency, coins, tokens, notes, medals, precious metals, Jewelry, antiques, art and/or other collectibles listed for Auction sale on one or more OKC Site through use of OKC’s Services. e. "Seller" means an individual, artificial entity, or auction house registered as a Seller with OKC for purposes of utilizing OKC's Seller Services to list Product(s) for sale through OKC's Sites. OKC may also serve as a Seller when listing its own Product(s) for sale through OKC's Sites. f. "Seller Terms" mean the Seller Terms & Conditions entered into by and between a Seller and OKC for purposes of governing over a Seller's access to, and use of, OKC's Services as a Seller. Said Seller Terms are incorporated by reference for all purposes as if the same were fully set forth herein and are available by emailing one of a kind coins LLC. g. "Services" means the online Auction listing services provided by OKC to Sellers, Bidders and prospective Sellers and Bidders through the Sites which serve as a conduit for listing Products and means for offers and acceptance to be exchanged in relation to the Auction/sale of Product(s). 3. OKC SERVICES. You acknowledge and agree that OKC provides online Auction Services for Sellers and Bidders through its Sites which serve as conduits for offers and acceptance to be exchanged in relation to the Auction sale of Products posted on one or more OKC Sites (the Services). You further acknowledge and agree that: (i) OKC is not a certified Auction House and therefore does not always conduct the Live Auctions; (i i) When not acting as the Seller, OKC is solely a passive conduit to facilitate the Auctions and communication between the Bidders and Sellers; (iii) When not acting as the Seller, OKC has no control over the Bidders, Sellers, or the accuracy of descriptions for the Product(s) being offered by the Seller; (i v) When OKC acts as a seller, all the terms and conditions apply to the transaction between OKC and the seller; (v) OKC reserves the right in its sole discretion to change some or all of its Services at any time; and <br&g t; (v i) the provision of this Agreement supersedes and takes precedence over all terms of the auction platform to the extent there is any conflict. 4. PRODUCT DESCRIPTIONS. The OKC Site places items for auction and enables individuals, artificial entities and professional auctioneers to list Products for Auction sale. Those are the persons or entities who prepare the Product descriptions which appear on the Sites, not OKC (unless listing its own Products for auction), and it is those individuals or entities who are solely responsible for the accuracy of the descriptions and for all contractual and other warranties made, if any, with respect to the Products sold. You understand, acknowledge and agree that OKC is not and shall not be held responsible or liable to you for any of the Product description/information posted by OKC or any seller on the OKC Site's Auction listing(s). While written descriptions are utilized in Product listings, the ultimate determination of the qualities of any Auction item or product are determined by examination of the individual buying the item and the posted Product photographs provided and all photos are of the actual item(s) listed unless stated otherwise. 5. SELLERS AND SELLER SERVICES. The Sellers Terms & Conditions entered into by and between OKC and Product Sellers govern a Seller's access to, and use of, OKC's Services as a Seller, whether it be via OKC Auction or "other? listing. The Sellers Terms & Conditions are incorporated by reference as if the same were fully set forth herein and can accessed by emailing: One of a kind coins LLC. Sellers must be pre-approved by OKC prior to participating in any Auction or listing and must maintain a current Seller account with OKC. A Seller must disclose certain account registration information to OKC prior to utilizing OKC's Sites and Services. Said Seller information includes, but is not limited to, any information a Seller provides to OKC during the registration process, in any public message area or through any email feature. Sellers hereby represent and warrant that his/her/its Seller Information: (a) is true and accurate; and (b) does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines which may damage, detrimentally interfere with, intercept, or expropriate any system, data or personal information. Because Sellers utilizing OKC's Services and Sites may enter into binding legal agreements to sell Products being auctioned, OKC's Services are not available to minors. 6. BIDDERS AND BIDDER SERVICES. The Bidders Terms & Conditions entered into by and between OKC and Bidders govern a Bidder's access to, and use of, OKC's Services as a Bidder/Buyer, whether it be via OKC Auction or ?other" listing. The Bidders Terms & Conditions are incorporated by reference as if the same were fully set forth herein and can be accessed by emailing One of a kind coins LLC. Bidders must be pre-approved by OKC prior to participating in any Auction or "other" listing and must maintain a current Bidder account with OKC. A Bidder must disclose certain account registration information to OKC prior to utilizing OKC's Sites and Services. Said Bidder information includes, but is not limited to, any information a Bidder provides to OKC during the registration process, in any public message area or through any email feature. Bidders hereby represent and warrant that his/her/its Bidder Information: (a) is true and accurate; and (b ) does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines which may damage, detrimentally interfere with, intercept, or expropriate any system, data or personal information. By providing such information, Bidders expressly agree to the terms as set forth herein (and as hereafter amended). Because Bidders utilizing OKC's Services and Sites may enter into legally binding agreements to purchase Products being auctioned, OKC's Services are not available to minors. Sellers may have different standards for approving individual auction participants, and you may be required to apply for and obtain written approval to participate in a specific auction. In such circumstances, approved Bidders will receive a Bidder Number. Approval to participate in one auction does not guarantee approval to participate in any other auction. OKC and each Seller reserves the right to refuse to approve any individual or entity applying to participate in any Auction or "other" listing as a Bidder. 7. AUCTION BIDS AND "OTHER" SALES. By placing a successful bid, you are entering into a binding agreement between yourself and the Seller. Bids for a particular Product are subject to a minimum bid increment as posted. If you bid an amount below the minimum increment your bid will not be accepted. If you bid an amount between increments, OKC will automatically round your bid up to the nearest increment. Once accepted, bids may not be retracted or canceled and, upon acceptance by the Seller, constitute a binding agreement between the Buyer and Seller. Bids for a Product do not apply to subsequent offerings of identical or similar Products. OKC reserved, in its sole discretion, the right to select any bid if several bids for the same amount are received at about the same time. A bid that was unsuccessful may be reinstated if a problem arises with a higher bid. Bidders placing a winning bid through Bidder Services will be notified by email. Reserve bid amounts are displayed at the discretion of the Seller. If you are the winning Bidder and do not pay your invoice or make plans to pay for your invoice within five (5) days of the sale date, you will be charged a restocking fee of 25 percent (25%) of your invoice total. Additionally, you will be banned from all future OKC Auctions and "other" listings as a Bidder or Seller. OKC is not liable for any errors made while operating the technology used to host or bid on online auctions. 8. "AS IS" / WHERE IS SALE. ALL PRODUCTS ARE SOLD "AS IS", WHERE IS. Descriptions are given to Products, but Bidders expressly agree that they are not relying on such description, but instead will base all decisions to bid based exclusively on Bidder's examination of the listing's Product photographs. If any item is removed from its holder, the Bidder waives all rights to assert any claims or demands concerning that item and lot and waive any right to retain that item or lot. 9. PAYMENT. The following provisions govern procedures for the purchase of Products and related payment terms. Please note that all invoices issued over a two (2) day or four (4) day sale will be combined. a. PAYMENT DEADLINE. Payment for Products shall be immediately due and payable upon the conclusion of said Products' Auction or "other" listing and presentment of an invoice. OKC reserves the right to cancel an invoice if payment in full is not received within five (5) days after Auction close. In cases of nonpayment, OKC's election to cancel a sale does not relieve the successful Bidder from their obligation to pay OKC its fees (seller's and buyer's premium) on the Product listing and any other damages pertaining to Bidder's failure to tender payment. Alternatively, OKC at its sole option, may charge Bidder a fourty-five percent (25%) fee based on the Product's purchase price or pursue collection of the full amount of the winning/"other" bid from the Bidder adding interest at the highest rate allowed by law and reasonable attorneys' fees. If payment is not received by OKC within thirty (30) days of the winning/"other" bid, OKC may resell the items, applying any net proceeds to the amount(s) owed by the Bidder. In either case, OKC may offset the amount of its claim against any monies owing to the Bidder and secure its claim against any of the Bidder's property held by OKC. b. PAYMENT METHODS. OKC and Sellers utilizing OKC's auction and/or "Other" Services agree to accept the following exclusive forms of payment for Products and related costs/fees: i. Cash: United States Currency ii. Credit/Debit Cards: Credit/debit cards are only accepted for the payment of a given invoice (for Product's purchase price, buyer's premium, and shipping & handling charge of $35.00) totaling a maximum of two hundred and fifty dollars ($750.00). Credit/debit cards are not accepted for orders/invoices over two hundred and fifty dollars ($750.00). Cards on file with OKC will automatically be charged for orders under two hundred and fifty dollars ($750.00). Subject to the aforementioned caveats, payments via credit card (Visa, Mastercard, and Discover) will incur a surcharge of three and one-half percent (3.5%). Said fee is subject to change without prior notice. This fee only applies to credit transactions and does not include OKC's cost of processing. Payments via cash, wire transfer, Cashier's Check, Venmo, and Zelle will not incur this surcharge but may be subject to Bidder fees assessed by the utilized service provider. iii. Wire Transfer: For wiring instructions, call (609-389-4952) or email (at One of a kind coins LLC) OKC. iv. Personal Checks/Cashier's Checks: Personal Checks/Cashier's Check made payable to "Oneofakindcoins LLC." and delivered to P.O. Box 7301 Rochelle Park NJ. 07662 within seven (7) days of the auction or "other" sale concluding. Payment by personal check will delay shipment by up to 7-28 business days from the date of deposit. v. Venmo: For current Venmo payment instructions, call (609-389-4952) or email (at One of a kind coins LLC) OKC. vi. Zelle: For current Zelle payment instructions, call (609-389-4952) or email (at One of a kind coins LLC) OKC. c. BUYER'S PREMIUM. All bids are subject to a Buyer's Premium which is in addition to the successfully placed bid. For currency, coins, tokens, notes and precious metals, Jewelry, antiques, art and/or other collectibles listed for Auction sale the Buyer's Premium shall be twenty three percent (25%) per lot. OKC's Buyer's Premium is subject to change and may increase from time to time without further notice at OKC's sole discretion. d. UNPAID BALANCE AND DISHONORED PAYMENTS. If any Auction or "Other" invoice submitted by OKC to Bidder is not paid in full when due, the unpaid balance will bear interest at the highest rate permitted by law from the date of invoice until paid. Any invoice not paid when due will bear a 10 percent (10%) late fee on the invoice amount. If OKC refers any invoice to an attorney or third-party for collection, Bidder agrees to pay OKC's reasonable attorney's fees, court costs, and other collection costs incurred by OKC. In the event the Bidder fails to pay any amounts due, Bidder authorizes OKC to charge the Bidder's credit card on file with OKC in the amount required to pay the invoice in full (plus the applicable surcharge) or sell the Product(s) securing the invoice to any underbidders in the Auction that the Product(s) appeared, or at subsequent private or public sale, or relist the Product(s) in a future Auction or "Other" listing by OKC. A defaulting Bidder agrees that all items may be resold by OKC thirty (30) days after the invoice date, and agrees to pay for the reasonable costs for resale (including, but not limited to, a 18% seller's commission, if consigned to an Auction conducted by OKC). The defaulting Bidder is liable to pay any difference between the total original invoice for the Product(s) if sold at a private sale or the subsequent hammer price of the Product(s) less the 25% seller's commissions, if sold at OKC's Auction. Product title shall not pass to Bidder until all invoices are paid in full. OKC shall have a lien against the merchandise purchased by Bidder to secure payment of any and all outstanding invoices. OKC is further granted a lien and the right to retain possession of any other property of Bidder then held by OKC to secure payment of any invoice or any other amounts due to OKC from Bidder. With respect to these lien rights, OKC shall have all the rights of a secured creditor under Article 9 of the New Jersey Uniform Commercial Code, including, but not limited to, the right of sale (including a 18% seller's commission, if consigned to an Auction conducted by OKC). If the Bidder receives any Product, Bidder agrees to hold such item in trust until OKC is paid in full. Any OKC auction is deemed a reasonably commercial sale. In addition, with respect to payment of invoices, Bidder waives any and all rights to offset he/she/it might otherwise have against OKC and the consignor of the Product(s) included in the invoice. If Bidder owes OKC on any account, OKC shall have the right to offset such unpaid account by any credit balance due Bidder, and it may secure by possessory lien any unpaid amount by any of the Bidder's property in its possession. In the event the Bidder's payment is dishonored upon presentment, Bidder shall pay the maximum statutory processing fee set by applicable Texas state law, interest at the maximum rate allowed by law, and reasonable attorneys' fees. e. TAXES, DUTIES, AND CUSTOMS. Purchased Products may be subject to taxes, duties, customs and/or fees imposed by various domestic and/or foreign taxing authorities or governments. Bidder is solely responsible for payment of any and all such taxes, duties, customs and/or fees prior to delivery unless alternative arrangements are made in writing and pre-approved by OKC. Notice of compliance with Convention of International Trade in Endangered Species of Wild Fauna and Flora (CITES) for the purchase of Product(s) made from protected species or wildlife. Any Product(s) made of or incorporating endangered or protected species or wildlife may have import and/or export restrictions established by CITES in various countries and domestically. Plant and animal properties included, but are not limited to, items made of (or including) Brazilian rosewood, ivory, whalebone, turtle shell, coral, crocodile, alligator, lizard, or other wildlife. These items may not be available to ship internationally or, in some cases, domestically. Domestic bans and restrictions exist in these states: (1) California state law prohibits the importation of any product containing python skin into the State of California, (2) Fossil Ivory is currently banned or restricted in 5 U.S. States: New York, New Jersey, California, Hawaii, and New Mexico. By placing an Auction bid or selecting a "other" option, the Bidder acknowledges that he/she/it is aware of any and all restrictions in their country or place of residence and takes responsibility for: (1) obtaining all information on such restricted items for both export and import; (2) obtaining all such licenses and/or permits. Delay, failure, or inability to obtain any such license or permit does not relieve the buyer of timely payment or afford them the capacity to void their purchase or payment. Lots and Products containing potentially regulated wildlife material may be noted in the description as a convenience to OKC's Bidders/Sellers. OKC does not accept liability for errors or failure to mark lots or Products containing protected, endangered, or otherwise regulated species. OKC is not liable for any loss caused by or resulting from: (1) seizure or destruction under quarantine or Customs regulation or confiscation by order of any government or public authority, or risks of contraband or illegal transportation of trade, or (2) breaking of statuary, marble, glassware bric-a-brac, porcelains, jewelry, and similar fragile articles. <br&g t; 10 . PRODUCT SHIPPING & HANDLING / IN-PERSON PICK UP. By submitting a bid, the Seller and Bidder agree to OKC's shipping and handling policy and other charges, whether known or unknown to bidder at the time of bid. OKC does not personally transport or deliver Products unless in-person pick up at a secure location (not OKC's office) is pre-arranged by Bidder with OKC. Unless otherwise noted, OKC shall coordinate shipping of Products to successful Bidders through reputable third-party shipping service providers such as the United States Postal Service (USPS), United Parcel Service of America, Inc. (UPS), FedEx Corporate Services, Inc. (FedEx), Deutsche Post AG (DHL), or the like. OKC does not guarantee delivery of purchased Products by a specified date, or at all, due to reliance upon third-party shipping companies. While OKC implements commercially reasonable efforts to initiate shipping with third-party shippers within fourteen to twenty-one (7-28) business days of full and final payment, Bidder agrees that neither delivery of an item after the date desired or expected by Bidder, or loss of an item by a third-party delivery service, gives rise to grounds for a partial or complete refund or a credit card chargeback. Bidders understand, acknowledge and agree that once OKC turns over a purchased Product to a third-party shipper, Bidders' sole recourse for any alleged lost or delayed Product shall be directly through the third-party shipper and applicable it’s applicable insurance policy. Shipping & Handling fees shall be included in the successful Bidder's Product invoice. Shipping & Handling fees are subject to change. International shipping is subject to additional shipping fees of $35.00. All deliveries are subject to OKC's receipt and clearance of good funds. 11. NO GUARANTEES OR WARRANTIES. NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS MADE OR IMPLIED ON ANY PRODUCT/LOT. NO WARRANTY, WHETHER EXPRESSED OR IMPLIED, IS MADE WITH RESPECT TO ANY PRODUCT/LOT EXCEPT FOR WARRANTY OF TITLE, AND IN THE CASE OF TITLE, OKC IS SELLING ONLY THAT RIGHT OR TITLE TO THE PRODUCT/LOT THAT THE SELLER OR CONSIGNOR MAY HAVE AS OF THE AUCTION OR "OTHER" SALE DATE. IF A PRODUCT/LOT IS BEING AUCTIONED OR SOLD THROUGH A "OTHER" SALE ON A CONSIGNMENT BASIS OR AS AN AUCTION ITEM, OKC DISCLAIMS AND MAKES NO WARRANTY OF TITLE AS SUCH PRODUCTS PURCHASED PASS DIRECTLY FROM THE SELLER/CONSIGNER TO SUCCESSFUL BIDDER. ALL PRODUCTS/LOTS ARE SOLD "AS IS", WHERE IS, AND WITH ALL FAULTS. NO WARRANTY, WHETHER EXPRESSED OR IMPLIED IS MADE WITH RESPECT TO ANY DESCRIPTION, GRADE, OR PURPORTED VALUE CONTAINED IN ANY AUCTION OR "OTHER" LISTING. BIDDERS AND SELLERS AGREE THAT OKC IS NOT PROVIDING ANY WARRANTY, COVENANT OR REPRESENTATION WITH RESPECT TO THE PRODUCTS SOLD OR AUCTIONED THROUGH THE OKC SITE. BIDDER HEREBY ASSUMES ALL RISKS CONCERNING AND RELATED TO THE GRADING, QUALITY, DESCRIPTION, CONDITION, AND PROVENANCE OF A PRODUCT/LOT. COINS AND CURRENCY LISTED IN 'S CATALOG AS GRADED AND ENCAPSULATED BY PCGS, NGC, ANACS, ICG, PCGS CURRENCY, PMG, PCGS BANKNOTE GRADING, CMC OR ANY OTHER THIRD-PARTY GRADING SERVICE ARE LIKEWISE SOLD "AS-IS" EXCEPT AS EXPRESSLY SET FORTH HEREIN. ALL THIRD-PARTY GRADING SERVICE GUARANTEES, INCLUDING AUTHENTICITY, ARE THE SOLE RESPONSIBILITY OF THE THIRD-PARTY GRADING SERVICE AND NOT WARRANTIES OR GUARANTEES OF OKC. BIDDERS SHOULD CONTACT THESE THIRD-PARTY GRADING SERVICES DIRECTLY WITH RESPECT TO ANY CLAIMS OR QUESTIONS THEY MAY HAVE CONCERNING THEIR GUARANTEES AND WARRANTIES. BIDDERS ACKNOWLEDGE AND AGREE THAT OKC IS NOT BOUND BY OR LIABLE FOR ANY OPINION OR CERTIFICATION BY ANY THIRD-PARTY GRADING SERVICE. REMOVAL OF A PRODUCT FROM ITS PROTECTIVE CASING OR HOLDER OR ALTERATION OF ANY COIN HOLDER WAIVES ALL RIGHTS CONCERNING THE PRODUCT CONTAINED THEREIN. OKC DOES NOT GUARANTEE OR COVENANT THE ACCURACY OF THE PRODUCT DESCRIPTION OR THAT THE IMAGES USED TO ILLUSTRATE PRODUCTS ARE CORRECT OR DO NOT VIOLATE TRADEMARKS OR COPYRIGHTS. OKC HAS NOT UNDERTAKEN ANY REVIEW OR DUE DILIGENCE WITH RESPECT TO THE INFORMATION CONTAINED ON THE OKC SITE AND PROVIDES NO GUARANTEES, COVENANTS, REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SAID INFORMATION OR ITS ACCURACY. YOU AGREE YOU DO NOT RELY ON ANY WRITTEN DESCRIPTIONS, BUT WILL ONLY BID BASED ON EXAMINATION OF THE PRODUCT/LOT PHOTOGRAPHS POSTED IN CONNECTION WITH THE AUCTION OR "OTHER" LISTING. You hereby acknowledge that the OKC Sites, the data entered into the Sites, and/or the Seller's auction or "Other" information may contain errors or inaccuracies. You understand, acknowledge and agree that the numismatic and precious metals markets are speculative, unregulated and volatile, and that coin, currency and precious metal values may rise or fall over time. OKC DOES NOT GUARANTEE OR REPRESENT THAT ANY BIDDER BUYER PRODUCTS FOR INVESTMENT PURPOSES WILL BE ABLE TO SELL SAID PRODUCTS FOR A PROFIT IN THE FUTURE. You further understand, acknowledge and agree that neither OKC, nor its owners, members, employees, affiliates, agents, representatives, third-party providers, or consignors warrant that Auctions or "other" listings will be unimpaired, uninterrupted or error free and accordingly shall not be liable for such events. 12 . CREDIT CARD CHARGEBACKS PROHIBITED. The "Limited Returns" provision set forth herein below provides the limited availability and procedure for facilitating Product returns in specified situation. Absent the express eligibility and strict adherence to the procedures for facilitating a return (which must be pre-authorized by OKC in writing), Bidders shall not be entitled to return Product(s), partial or full refunds, wire recalls, stop payments on checks or credit/debit cards, or the initiation of a chargeback claim with a Bidder's credit/debit card provider. BIDDER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT THERE EXIST NO LEGAL BASIS FOR INITIATING A CHARGEBACK CLAIM FOR ANY PURCHASED PRODUCT, AND BIDDER SPECIFICALLY AGREES TO REFRAIN FROM THE FILING OF ANY SUCH CLAIM. In the event a Bidder does not receive a purchased Product within thirty (30) days of payment, or the Bidder takes issue with a Product's grading or condition, Bidder's only recourse shall be against the third-party shipping company's insurance and/or the appropriate grading service. 13. LIMITED RETURNS. The following terms shall govern the limited return policy available for some Bidders for certain Product(s) under limited circumstances and only upon written pre-approval from an OKC authorized representative. a. No certified Product(s) may be returned because of possible difference of opinion with respect to the grade offered by any third party organization, dealer or service. No guarantee of grade is offered for uncertified Product(s) sold and subsequently submitted to a third-party grading service. There are absolutely no exceptions to this policy. Bidder will solely rely upon the posted photographs of the Product/Lot, and agrees Bidder will not rely upon the written description. b. Under extremely limited circumstances (e.g. gross cataloging error), a successful Bidder may request OKC to evaluate voiding a sale, if and only if: (i) such request is made in writing detailing the alleged gross error and submitted to OKC (at One of a kind coins LLC) within two (2) days of receipt of the Product(s); (ii) submission of the Product(s) to OKC are pre-approved by an authorized OKC representative; and (iii) the successful Bidder notifies OKC (P.O. Box 79557 Little Egg Harbor Twp. NJ. 08087) in writing of such request within two (2) days of the Bidder's receipt of the Product(s). Any Product that is to be evaluated must be in OKC’s office (P.O. Box 7301 Rochelle Park NJ. 07662) within thirty (30) days after the conclusion of the Product(s) auction. Grading or method of manufacture do not qualify for this evaluation process nor do such complaints constitute a basis to challenge the authenticity of Product(s). AT THE CONCLUSION OF THE AFOREMENTIONED THIRTY (30) DAY PERIOD, NO PRODUCTS MAY BE RETURNED FOR REASONS OTHER THAN AUTHENTICITY. IT IS WITHIN OKC'S SOLE DISCRETION TO DETERMINE WHETHER THE ALLEGED ERROR QUALIFIES FOR A PARTIAL, COMPLETE, OR NO REFUND (SUBJECT TO A 25% RESTOCKING FEE SET FORTH HEREIN). Returned Products must be housed intact in their unaltered original holders or packaging. Late remittance of payment for purchases may be considered just cause to revoke all return privileges. c. TWO (2) DAY RETURN POLICY. Certified Coin and Uncertified and Certified Currency lots paid for within five (5) days of the auction or "Other" sale may be sold with two (2) day return privileges (only upon written pre-approval by OKC) unless otherwise noted in the description as "Sold As Is / No Return". You may return Product(s) under the following limited conditions with written pre-approval from OKC: (i) within two (2) days of receipt of the Product(s), you must first notify OKC by email (At One of a kind coins LLC) and telephone (609-389-4952), obtain written pre-approval via email, and immediately ship the return Product(s) in their original condition, fully insured, and housed in their original holder or packaging, to the attention of "Oneofakindcoins, LLC - RETURNS, P.O. Box 7301 Rochelle Park. NJ 07662." Said return Product(s) must be in OKC's possession, custody and control within thirty (30) days after the conclusion of the Product(s) auction or such return privileges are revoked without further notice and the late Product will be shipped back to the Bidder at his/her/its sole expense. A non-negotiable restocking fee of twenty five percent (25%) of the purchase price ($10.00 per Product/lot minimum) will be deducted from the refund for each returned Product (or billed directly to the Bidder). Postage and handling, customs, and other fees are not refunded. After the two-day period (from Bidder's receipt), no Product(s) may be returned for any reason. Late remittance for purchases revokes all return privileges. d. Bidders who have inspected the Product(s) in-person prior to an auction or "other" purchase, or bid through an agent, will not be granted any return privileges, except for reasons of authenticity. e. Coins sold referencing a third-party grading service are sold "AS IS" without any express or implied warranty, except for a guarantee by OKC that they are genuine. Removal or alteration of the holder, voids all of Bidder's claims concerning that Product. Certain warranties may be available from the grading services and Bidders are referred to them for further details: Numismatic Guaranty Corporation (NGC), PO Box 4776, Sarasota, FL 34230, www.ngccoin.com/services/writtenguarantee.asp; Professional Coin Grading Services (PCGS), PO Box 9458, Newport Beach, CA 92658, www.pcgs.com/guarantee.html; ANACS, 6555 S. Kenton St., Ste. 303, Englewood, CO 80111; and Independent Coin Grading Co. (ICG), 7901 East Bellview, Ave., Suite 50, Englewood, CO 80111. f. Notes sold referencing a third-party grading service are sold "AS IS" without any express or implied warranty, except for guarantee by OKC that they are genuine. Grading, condition or other attributes of any Product may have a material effect on its value and the opinion of others, including third-party grading services such as PCGS Currency and PMG may differ with that of OKC. OKC shall not be bound by any prior or subsequent opinion, determination, or certification by any grading service. Bidders specifically waive any claim to right of return of any Product because of the opinion, determination, or certification, or lack thereof, by any grading service. Certain warranties may be available from the grading services and Bidders are referred to them for further details: Paper Money Guaranty (PMG), PO Box 4711, Sarasota, FL 34230; PCGS Currency, PO Box 10470, Peoria, IL 61612-0470; PCGS Gold Shield, PO Box 9458, Newport Beach, CA 92658. Third-party graded notes are not returnable for any reason whatsoever. g. Notes graded by PCGS Currency between February 4, 2009, and January 30, 2019, were graded and authenticated by K3B, Inc. under license from Collectors Universe, Inc. K3B, Inc., now operating as Legacy Currency Grading, has expressed in writing that notes graded under the license during this time period will still be covered by the full written guaranty of PCGS Currency. Warranties may be available from Collectors Universe, Inc. for PCGS Currency notes graded prior to February 4, 2009. h. Since OKC cannot examine encapsulated coins or notes, they are sold "AS IS" with or without OKC's grading opinion, and may not be returned for any reason. OKC shall not be liable for any patent or latent defect or controversy pertaining to or arising from any encapsulated Product. In any such instance, Bidder's remedy, if any, shall be solely against the service certifying the Product. i. Due to changing grading standards over time, differing interpretations, and to possible mishandling of Products by subsequent owners, OKC reserves the right to express an opinion as to an item's grade differently than shown on certificates from any grading service that accompany the Product, but shall have no obligation to do so. OKC also reserves the right to express an opinion as to a product's grade differently than the grades shown in a prior catalog should such items be re-consigned to any future auction or "Other" sale, but shall have no obligation to do so. j. Although consensus grading is employed by most grading services, it should be noted as aforesaid that grading is not an exact science. In fact, it is entirely possible that if a Product is broken out of a plastic holder and resubmitted to another grading service or even to the same service, the Product could come back with a different grade assigned. k. Certification does not guarantee protection against the normal risks associated with potentially volatile markets. The degree of liquidity for certified coins and collectibles will vary according to general market conditions and the particular lot involved. For some Products there may be no active market at all at certain points in time. l. All non-certified coins and currency are guaranteed genuine, but are not guaranteed as to grade, since grading is a matter of opinion, an art and not a science, and therefore the description rendered by OKC or any third-party grading service may not agree with the opinion of others (including trained experts), and the same expert may not grade the same item with the same grade at two different times. OKC may, but is not obligated to, express an opinion as to non-certified numismatic items, in OKC's opinion, or by its employees' experience and the current interpretation of the American Numismatic Association's standards as of the date the catalog was prepared. There is no guarantee or warranty expressed or implied that the grading opinions utilized by OKC, if any, will meet the standards of any grading service at any time in the future. m. Storage of purchased coins, tokens and currency: Bidders understand and acknowledge that certain types of plastic may react with a coin, token or currency's surface or transfer plasticizer to notes and may cause damage. You understand, acknowledge and agree that you shall exercise caution to avoid the use of storage materials that are not inert. 14. RESTOCKING FEE. All Products which qualify for return and are returned in strict conformity with the notice and physical return requirements set forth herein, shall be subject to a mandatory restocking fee equal to twenty-five percent (25%) of the Product's Auction or "other" purchase price. 15. WAIVER, RELEASE AND LIMITATIONS ON LIABILITY. IN CONSIDERATION OF PARTICIPATION IN OKC AUCTIONS OR "OTHER" LISTINGS, YOU, FOR YOURSELF, YOUR HEIRS, AGENTS, SUCCESSORS, AND ASSIGNS, GENERALLY AND SPECIFICALLY WAIVE AND RELEASE, AND FOREVER DISCHARGE OKC, AND ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS, AND REPRESENTATIVES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS, RIGHTS, DEMANDS, CAUSES OF ACTION, ARBITRATIONS, LAWSUITS, OR OTHER LEGAL PROCEEDINGS, OF WHATEVER KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO CLAIMS BASED UPON OKC'S ALLEGED NEGLIGENCE OR DIFFERING OPINION AS TO GRADE, WHETHER IN LAW OR EQUITY, TORT OR OTHERWISE, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHICH YOU MAY ASSERT WITH RESPECT AND/OR ARISING OUT OF, OR IN CONNECTION WITH ANY CHALLENGE TO THE TITLE TO OR AUTHENTICITY OF ANY PRODUCT PURCHASED, THE SALE ITSELF, ANY PRODUCT/LOT BID UPON OR CONSIGNED, THE AUCTION, OR THE "OTHER" LISTING, EXCEPT WHERE SUCH CLAIM IS OTHERWISE EXPRESSLY AUTHORIZED IN THIS AGREEMENT. IT IS YOUR INTENTION THAT THIS WAIVER AND RELEASE SHALL BE EFFECTIVE AS A BAR TO EACH AND EVERY CLAIM THAT MAY ARISE HEREUNDER OR BE RELATED TO THE SERVICES, AUCTION, "OTHER" LISTING, THE SITES, AND/OR THE PRODUCT(S), AND YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY AND ALL PURPORTED RIGHTS AND BENEFITS OTHERWISE CONFERRED UPON YOU BY STATUTE OR COMMON LAW. YOU ASSUME ANY AND ALL DAMAGES RESULTING FROM YOUR USE OF OKC SERVICES AND THE SITES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OKC, ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ITS AFFILIATES, OR REPRESENTATIVES, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL, WORK STOPPAGE, TIME VALUE OR OTHER PECUNIARY LOSS AND/OR CLAIMS UNDER THE NEW JERSEY DECEPTIVE TRADE PRACTICES ACT OR SIMILAR STATUTE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR INABILITY TO USE THE OKC SERVICES AND/OR SITES, OR NEGLIGENCE OF OKC OR OF ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR REPRESENTATIVES. ALL RIGHT TO A JURY TRIAL IS WAIVED. UNDER NO CIRCUMSTANCES WILL YOU SEEK ANY DAMAGES EXCEEDING THE AMOUNT PAID FOR AN ITEM OR LOT. 16. DISPUTE RESOLUTION, ARBITRATION AND REMEDIES. In consideration of the privilege to participate in OKC and sell or purchase Products through an Auction or "other" listing, you accept the terms set forth in this Agreement and specifically agree to the dispute resolution provisions provided herein. a. Exclusive Dispute Resolution Process: All Claims, disputes, or controversies arising out of, in connection with, and/or relating to: (i) your use of the Sites, (ii) participation in an Auction or "other" listing, (iii) purchase or sale of a Product, (iv) any interpretation of the Terms or any amendments thereto, (v) any description of any Product/lot or condition report, (vi) any damage to any Product, (vii) any alleged verbal modification of any Term or condition report or description, and/or (viii) any purported settlement whether asserted in contract, tort, under federal or state statute or regulation, or any claim made by you concerning a Product or your participation in an Auction or "Other" sale involving a warranty or representation of a consignor, other person, or entity, including OKC (collectively a "Claim") shall be exclusively heard by, and the claimant (or respondent) and OKC each consent to the Claim being adjudicated through confidential, binding, in person arbitration before a single arbitrator administered by and conducted under the rules of the American Arbitration Association (AAA) as the buyer's sole remedy. The locale for all such arbitrations shall be in-person in Little Egg Harbor, Ocean County, New Jersey. The arbitrator's award may be enforced in any court of competent jurisdiction within Little Egg Harbor, Ocean County, New Jersey. In the event a Claim must be litigated after an arbitration demand is filed with the AAA (including actions to compel arbitration, construe this Agreement, actions in aid of arbitration, or otherwise), such litigation shall be exclusively in the courts of the State of New Jersey, in Ocean County, New Jersey, and if necessary, the corresponding appellate courts. YOU EXPRESSLY WAIVE ANY RIGHT TO A TRIAL BY JURY. YOU AGREE THAT IN-PERSON ARBITRATION IS YOUR SOLE REMEDY FOR ANY AND ALL CLAIMS AGAINST OR INVOLVING OKC. b. Fees, Costs and Interest: Each party shall pay one-half of any anticipated arbitration fees to initiate the process. The prevailing party (a party that is awarded substantial and material relief on its liability and damage claim based on damages sought versus awarded or the successful defense of a Claim based on damages sought versus awarded) may be awarded reasonable attorney's fees, costs and applicable pre- and post-award interest by an arbitrator and/or subsequent court of competent jurisdiction. c. Remedies: Any Claim must be brought within two (2) years of the alleged breach, default, or misrepresentation or the Claim is waived. OKC's maximum liability shall be limited to any commission and fees OKC earned on that Product. OKC in no event shall be responsible for consequential, incidental, compensatory, or any other damages (set forth herein including those claimed under the New Jersey Deceptive Trade Practices Act) arising or claimed to be arising from the Auction or "Other" sale. Exemplary and punitive damages are not recoverable and are waived. In the event OKC cannot deliver a Product or it is subsequently established that the Product lacks title, or other transfer or condition issue is claimed, in such cases the sole remedy shall be limited at most to rescission of the sale and refund of the amount paid by Bidder; in no case shall OKC's maximum cumulative liability exceed the high bid on the Product, which bid shall be deemed for all purposes the value of the Product. In the event of an attribution error, OKC may, at its sole discretion, correct the error on the internet/Site, or, if discovered at a later date, refund Bidder's purchase price without further obligation. Nothing herein shall be construed to extend the time of return or conditions and restrictions for return. d. These Terms provide specific remedies for occurrences in the Auction or "Other" listing and delivery process. Where such remedies are afforded, they shall be interpreted strictly. You agree that any Claim shall utilize such remedies. In the event you make a Claim in excess of those remedies provided in these Terms, you agree that in no case whatsoever shall OKC's maximum liability exceed the high bid on the Product, which bid shall be deemed for all purposes the value of the Product. e. Failure to participate in the arbitration is a default and material breach of this Agreement. f. OKC reserves the right to initiate a lawsuit, instead of arbitration, for any unpaid amounts due from Bidder to OKC, and the parties agree. OKC is entitled to the additional recovery of its costs, expenses, attorney's fees, and interest in such matters, if you breach any provision of these Terms and Conditions. BY PLACING ANY BID IN THIS AUCTION, YOU ARE AGREEING TO OUR TERMS AND CONDITIONS ALL NEW BIDDERS MUST PROVIDE A DRIVERS LICENSE TO VERIFY SHIPPING ADDRESS. Oneofaki ndcoins LLC. TERMS AND CONDITIONS These Terms and Conditions (hereinafter the "Agreement" or "Terms") constitute a legally binding agreement between you (either an individual or an entity) and Oneofakindcoins, LLC, its affiliate(s) and subsidiaries (hereinafter collectively referred to as "OKC") regarding the use of its website One of a kind coins LLC (hereinafter the "Site" or "Sites"), its auction services. By utilizing the OKC Site(s) and/or Services (defined below), you understand, acknowledge and agree that you are legally bound by the terms and conditions set forth herein (and as hereafter amended): 1. ACCEPTANCE OF LEGALLY BINDING TERMS. BY UTILIZING THE OKC SITES AND/OR SERVICES (DEFINED BELOW), PLACING AN AUCTION BID, OR OTHERWISE PARTICIPATING IN A OKC AUCTION OR SALE, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT - AND SPECIFICALLY THE DISPUTE RESOLUTION, IN-PERSON ARBITRATION AND REMEDIES PROVISION - AS WELL AS THE APPLICABLE BUYER/SELLER TERMS. <br&g t; 2. DEFINITIONS. a. "Auction" means an online auction wherein remote users can bid either through absentee bids or real time bids on Products being auctioned via OKC Sites. b. "Bidder" or "Buyer" means an individual, artificial entity, or auction house registered as a Bidder with OKC for purposes of utilizing OKC’s Buyer Services to bid on (via Auction) or otherwise purchase Product(s) for sale through OKC’s Sites. If an artificial entity places a bid, the person executing the bid on behalf of the artificial entity agrees to, and hereby does, personally guarantee payment of such bid. The terms Bidder and Buyer shall be used interchangeably regardless of whether a Bidder is successful in an Auction. c. "Bidder Terms" mean the Bidder Terms & Conditions entered into by and between a Bidder and OKC for purposes of governing over a Bidder's access to, and use of, OKC’s Services as a Bidder. Said Bidder Terms are incorporated by reference for all purposes as if the same were fully set forth herein and are available via email at One of a kind coins LLC. d. "Product(s)" includes currency, coins, tokens, notes, medals, precious metals, Jewelry, antiques, art and/or other collectibles listed for Auction sale on one or more OKC Site through use of OKC’s Services. e. "Seller" means an individual, artificial entity, or auction house registered as a Seller with OKC for purposes of utilizing OKC's Seller Services to list Product(s) for sale through OKC's Sites. OKC may also serve as a Seller when listing its own Product(s) for sale through OKC's Sites. f. "Seller Terms" mean the Seller Terms & Conditions entered into by and between a Seller and OKC for purposes of governing over a Seller's access to, and use of, OKC's Services as a Seller. Said Seller Terms are incorporated by reference for all purposes as if the same were fully set forth herein and are available by emailing one of a kind coins LLC. g. "Services" means the online Auction listing services provided by OKC to Sellers, Bidders and prospective Sellers and Bidders through the Sites which serve as a conduit for listing Products and means for offers and acceptance to be exchanged in relation to the Auction/sale of Product(s). 3. OKC SERVICES. You acknowledge and agree that OKC provides online Auction Services for Sellers and Bidders through its Sites which serve as conduits for offers and acceptance to be exchanged in relation to the Auction sale of Products posted on one or more OKC Sites (the Services). You further acknowledge and agree that: (i) OKC is not a certified Auction House and therefore does not always conduct the Live Auctions; (i i) When not acting as the Seller, OKC is solely a passive conduit to facilitate the Auctions and communication between the Bidders and Sellers; (iii) When not acting as the Seller, OKC has no control over the Bidders, Sellers, or the accuracy of descriptions for the Product(s) being offered by the Seller; (i v) When OKC acts as a seller, all the terms and conditions apply to the transaction between OKC and the seller; (v) OKC reserves the right in its sole discretion to change some or all of its Services at any time; and (v i) the provision of this Agreement supersedes and takes precedence over all terms of the auction platform to the extent there is any conflict. 4. PRODUCT DESCRIPTIONS. The OKC Site places items for auction and enables individuals, artificial entities and professional auctioneers to list Products for Auction sale. Those are the persons or entities who prepare the Product descriptions which appear on the Sites, not OKC (unless listing its own Products for auction), and it is those individuals or entities who are solely responsible for the accuracy of the descriptions and for all contractual and other warranties made, if any, with respect to the Products sold. You understand, acknowledge and agree that OKC is not and shall not be held responsible or liable to you for any of the Product description/information posted by OKC or any seller on the OKC Site's Auction listing(s). While written descriptions are utilized in Product listings, the ultimate determination of the qualities of any Auction item or product are determined by examination of the posted Product photographs provided and all photos are of the actual item(s) listed unless stated otherwise. 5. SELLERS AND SELLER SERVICES. The Sellers Terms & Conditions entered into by and between OKC and Product Sellers govern a Seller's access to, and use of, OKC's Services as a Seller, whether it be via OKC Auction or "other? listing. The Sellers Terms & Conditions are incorporated by reference as if the same were fully set forth herein and can accessed by emailing: One of a kind coins LLC. Sellers must be pre-approved by OKC prior to participating in any Auction or listing and must maintain a current Seller account with OKC. A Seller must disclose certain account registration information to OKC prior to utilizing OKC's Sites and Services. Said Seller information includes, but is not limited to, any information a Seller provides to OKC during the registration process, in any public message area or through any email feature. Sellers hereby represent and warrant that his/her/its Seller Information: (a) is true and accurate; and (b) does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines which may damage, detrimentally interfere with, intercept, or expropriate any system, data or personal information. Because Sellers utilizing OKC's Services and Sites may enter into binding legal agreements to sell Products being auctioned, OKC's Services are not available to minors. 6. BIDDERS AND BIDDER SERVICES. The Bidders Terms & Conditions entered into by and between OKC and Bidders govern a Bidder's access to, and use of, OKC's Services as a Bidder/Buyer, whether it be via OKC Auction or "other" listing. The Bidders Terms & Conditions are incorporated by reference as if the same were fully set forth herein and can be accessed by emailing One of a kind coins LLC. Bidders must be pre-approved by OKC prior to participating in any Auction or "other" listing and must maintain a current Bidder account with OKC. A Bidder must disclose certain account registration information to OKC prior to utilizing OKC's Sites and Services. Said Bidder information includes, but is not limited to, any information a Bidder provides to OKC during the registration process, in any public message area or through any email feature. Bidders hereby represent and warrant that his/her/its Bidder Information: (a) is true and accurate; and (b ) does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines which may damage, detrimentally interfere with, intercept, or expropriate any system, data or personal information. By providing such information, Bidders expressly agree to the terms as set forth herein (and as hereafter amended). Because Bidders utilizing OKC's Services and Sites may enter into legally binding agreements to purchase Products being auctioned, OKC's Services are not available to minors. Sellers may have different standards for approving individual auction participants, and you may be required to apply for and obtain written approval to participate in a specific auction. In such circumstances, approved Bidders will receive a Bidder Number. Approval to participate in one auction does not guarantee approval to participate in any other auction. OKC and each Seller reserves the right to refuse to approve any individual or entity applying to participate in any Auction or "other" listing as a Bidder. 7. AUCTION BIDS AND "OTHER" SALES. By placing a successful bid, you are entering into a binding agreement between yourself and the Seller. Bids for a particular Product are subject to a minimum bid increment as posted. If you bid an amount below the minimum increment your bid will not be accepted. If you bid an amount between increments, OKC will automatically round your bid up to the nearest increment. Once accepted, bids may not be retracted or canceled and, upon acceptance by the Seller, constitute a binding agreement between the Buyer and Seller. Bids for a Product do not apply to subsequent offerings of identical or similar Products. OKC reserved, in its sole discretion, the right to select any bid if several bids for the same amount are received at about the same time. A bid that was unsuccessful may be reinstated if a problem arises with a higher bid. Bidders placing a winning bid through Bidder Services will be notified by email. Reserve bid amounts are displayed at the discretion of the Seller. If you are the winning Bidder and do not pay your invoice or make plans to pay for your invoice within five (5) days of the sale date, you will be charged a restocking fee of 25 percent (25%) of your invoice total. Additionally, you will be banned from all future OKC Auctions and "other" listings as a Bidder or Seller. OKC is not liable for any errors made while operating the technology used to host or bid on online auctions. 8. "AS IS" / WHERE IS SALE. ALL PRODUCTS ARE SOLD "AS IS", WHERE IS. Descriptions are given to Products, but Bidders expressly agree that they are not relying on such description, but instead will base all decisions to bid based exclusively on Bidder's examination of the listing's Product photographs. If any item is removed from its holder, the Bidder waives all rights to assert any claims or demands concerning that item and lot and waive any right to retain that item or lot. 9. PAYMENT. The following provisions govern procedures for the purchase of Products and related payment terms. Please note that all invoices issued over a two (2) day or four (4) day sale will be combined. a. PAYMENT DEADLINE. Payment for Products shall be immediately due and payable upon the conclusion of said Products' Auction or "other" listing and presentment of an invoice. OKC reserves the right to cancel an invoice if payment in full is not received within five (5) days after Auction close. In cases of nonpayment, OKC's election to cancel a sale does not relieve the successful Bidder from their obligation to pay OKC its fees (seller's and buyer's premium) on the Product listing and any other damages pertaining to Bidder's failure to tender payment. Alternatively, OKC at its sole option, may charge Bidder a fourty-five percent (25%) fee based on the Product's purchase price or pursue collection of the full amount of the winning/"other" bid from the Bidder adding interest at the highest rate allowed by law and reasonable attorneys' fees. If payment is not received by OKC within thirty (30) days of the winning/"other" bid, OKC may resell the items, applying any net proceeds to the amount(s) owed by the Bidder. In either case, OKC may offset the amount of its claim against any monies owing to the Bidder and secure its claim against any of the Bidder's property held by OKC. b. PAYMENT METHODS. OKC and Sellers utilizing OKC's auction and/or "Other" Services agree to accept the following exclusive forms of payment for Products and related costs/fees: i. Cash: United States Currency ii. Credit/Debit Cards: Credit/debit cards are only accepted for the payment of a given invoice (for Product's purchase price, buyer's premium, and shipping & handling) totaling a maximum of two hundred and fifty dollars ($750.00). Credit/debit cards are not accepted for orders/invoices over two hundred and fifty dollars ($750.00). Cards on file with OKC will automatically be charged for orders under two hundred and fifty dollars ($750.00). Subject to the aforementioned caveats, payments via credit card (Visa, Mastercard, and Discover) will incur a surcharge of three and one-half percent (3.5%). Said fee is subject to change without prior notice. This fee only applies to credit transactions and does not include OKC's cost of processing. Payments via cash, wire transfer, Cashier's Check, Venmo, and Zelle will not incur this surcharge but may be subject to Bidder fees assessed by the utilized service provider. iii. Wire Transfer: For wiring instructions, call (609-389-4952) or email (at One of a kind coins LLC) OKC. iv. Personal Checks/Cashier's Checks: Personal Checks/Cashier's Check made payable to "Oneofakindcoins LLC." and delivered to P.O. Box 7301 Rochelle Park NJ. 07662 within seven (7) days of the auction or "other" sale concluding. Payment by personal check will delay shipment by up to 7-28 business days from the date of deposit. v. Venmo: For current Venmo payment instructions, call (609-389-4952) or email (at One of a kind coins LLC) OKC. vi. Zelle: For current Zelle payment instructions, call (609-389-4952) or email (at One of a kind coins LLC) OKC. c. BUYER'S PREMIUM. All bids are subject to a Buyer's Premium which is in addition to the successfully placed bid. For currency, coins, tokens, notes and precious metals, Jewelry, antiques, art and/or other collectibles listed for Auction sale the Buyer's Premium shall be twenty three percent (25%) per lot. OKC's Buyer's Premium is subject to change and may increase from time to time without further notice at OKC's sole discretion. d. UNPAID BALANCE AND DISHONORED PAYMENTS. If any Auction or "Other" invoice submitted by OKC to Bidder is not paid in full when due, the unpaid balance will bear interest at the highest rate permitted by law from the date of invoice until paid. Any invoice not paid when due will bear a 10 percent (10%) late fee on the invoice amount. If OKC refers any invoice to an attorney or third-party for collection, Bidder agrees to pay OKC's reasonable attorney's fees, court costs, and other collection costs incurred by OKC. In the event the Bidder fails to pay any amounts due, Bidder authorizes OKC to charge the Bidder's credit card on file with OKC in the amount required to pay the invoice in full (plus the applicable surcharge) or sell the Product(s) securing the invoice to any underbidders in the Auction that the Product(s) appeared, or at subsequent private or public sale, or relist the Product(s) in a future Auction or "Other" listing by OKC. A defaulting Bidder agrees that all items may be resold by OKC thirty (30) days after the invoice date, and agrees to pay for the reasonable costs for resale (including, but not limited to, a 18% seller's commission, if consigned to an Auction conducted by OKC). The defaulting Bidder is liable to pay any difference between the total original invoice for the Product(s) if sold at a private sale or the subsequent hammer price of the Product(s) less the 25% seller's commissions, if sold at OKC's Auction. Product title shall not pass to Bidder until all invoices are paid in full. OKC shall have a lien against the merchandise purchased by Bidder to secure payment of any and all outstanding invoices. OKC is further granted a lien and the right to retain possession of any other property of Bidder then held by OKC to secure payment of any invoice or any other amounts due to OKC from Bidder. With respect to these lien rights, OKC shall have all the rights of a secured creditor under Article 9 of the New Jersey Uniform Commercial Code, including, but not limited to, the right of sale (including a 18% seller's commission, if consigned to an Auction conducted by OKC). If the Bidder receives any Product, Bidder agrees to hold such item in trust until OKC is paid in full. Any OKC auction is deemed a reasonably commercial sale. In addition, with respect to payment of invoices, Bidder waives any and all rights to offset he/she/it might otherwise have against OKC and the consignor of the Product(s) included in the invoice. If Bidder owes OKC on any account, OKC shall have the right to offset such unpaid account by any credit balance due Bidder, and it may secure by possessory lien any unpaid amount by any of the Bidder's property in its possession. In the event the Bidder's payment is dishonored upon presentment, Bidder shall pay the maximum statutory processing fee set by applicable Texas state law, interest at the maximum rate allowed by law, and reasonable attorneys' fees. e. TAXES, DUTIES, AND CUSTOMS. Purchased Products may be subject to taxes, duties, customs and/or fees imposed by various domestic and/or foreign taxing authorities or governments. Bidder is solely responsible for payment of any and all such taxes, duties, customs and/or fees prior to delivery unless alternative arrangements are made in writing and pre-approved by OKC. Notice of compliance with Convention of International Trade in Endangered Species of Wild Fauna and Flora (CITES) for the purchase of Product(s) made from protected species or wildlife. Any Product(s) made of or incorporating endangered or protected species or wildlife may have import and/or export restrictions established by CITES in various countries and domestically. Plant and animal properties included, but are not limited to, items made of (or including) Brazilian rosewood, ivory, whalebone, turtle shell, coral, crocodile, alligator, lizard, or other wildlife. These items may not be available to ship internationally or, in some cases, domestically. Domestic bans and restrictions exist in these states: (1) California state law prohibits the importation of any product containing python skin into the State of California, (2) Fossil Ivory is currently banned or restricted in 5 U.S. States: New York, New Jersey, California, Hawaii, and New Mexico. By placing an Auction bid or selecting a "other" option, the Bidder acknowledges that he/she/it is aware of any and all restrictions in their country or place of residence and takes responsibility for: (1) obtaining all information on such restricted items for both export and import; (2) obtaining all such licenses and/or permits. Delay, failure, or inability to obtain any such license or permit does not relieve the buyer of timely payment or afford them the capacity to void their purchase or payment. Lots and Products containing potentially regulated wildlife material may be noted in the description as a convenience to OKC's Bidders/Sellers. OKC does not accept liability for errors or failure to mark lots or Products containing protected, endangered, or otherwise regulated species. OKC is not liable for any loss caused by or resulting from: (1) seizure or destruction under quarantine or Customs regulation or confiscation by order of any government or public authority, or risks of contraband or illegal transportation of trade, or (2) breaking of statuary, marble, glassware bric-a-brac, porcelains, jewelry, and similar fragile articles. <br&g t; 10 . PRODUCT SHIPPING & HANDLING / IN-PERSON PICK UP. By submitting a bid, the Seller and Bidder agree to OKC's shipping and handling policy and other charges, whether known or unknown to bidder at the time of bid. OKC does not personally transport or deliver Products unless in-person pick up at a secure location (not OKC's office) is pre-arranged by Bidder with OKC. Unless otherwise noted, OKC shall coordinate shipping of Products to successful Bidders through reputable third-party shipping service providers such as the United States Postal Service (USPS), United Parcel Service of America, Inc. (UPS), FedEx Corporate Services, Inc. (FedEx), Deutsche Post AG (DHL), or the like. OKC does not guarantee delivery of purchased Products by a specified date, or at all, due to reliance upon third-party shipping companies. While OKC implements commercially reasonable efforts to initiate shipping with third-party shippers within fourteen to twenty-one (7-28) business days of full and final payment, Bidder agrees that neither delivery of an item after the date desired or expected by Bidder, or loss of an item by a third-party delivery service, gives rise to grounds for a partial or complete refund or a credit card chargeback. Bidders understand, acknowledge and agree that once OKC turns over a purchased Product to a third-party shipper, Bidders' sole recourse for any alleged lost or delayed Product shall be directly through the third-party shipper and applicable it’s applicable insurance policy. Shipping & Handling fees shall be included in the successful Bidder's Product invoice. Shipping & Handling fees are subject to change. International shipping is subject to additional shipping fees of $35.00. All deliveries are subject to OKC's receipt and clearance of good funds. 11. NO GUARANTEES OR WARRANTIES. NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS MADE OR IMPLIED ON ANY PRODUCT/LOT. NO WARRANTY, WHETHER EXPRESSED OR IMPLIED, IS MADE WITH RESPECT TO ANY PRODUCT/LOT EXCEPT FOR WARRANTY OF TITLE, AND IN THE CASE OF TITLE, OKC IS SELLING ONLY THAT RIGHT OR TITLE TO THE PRODUCT/LOT THAT THE SELLER OR CONSIGNOR MAY HAVE AS OF THE AUCTION OR "OTHER" SALE DATE. IF A PRODUCT/LOT IS BEING AUCTIONED OR SOLD THROUGH A "OTHER" SALE ON A CONSIGNMENT BASIS OR AS AN AUCTION ITEM, OKC DISCLAIMS AND MAKES NO WARRANTY OF TITLE AS SUCH PRODUCTS PURCHASED PASS DIRECTLY FROM THE SELLER/CONSIGNER TO SUCCESSFUL BIDDER. ALL PRODUCTS/LOTS ARE SOLD "AS IS", WHERE IS, AND WITH ALL FAULTS. NO WARRANTY, WHETHER EXPRESSED OR IMPLIED IS MADE WITH RESPECT TO ANY DESCRIPTION, GRADE, OR PURPORTED VALUE CONTAINED IN ANY AUCTION OR "OTHER" LISTING. BIDDERS AND SELLERS AGREE THAT OKC IS NOT PROVIDING ANY WARRANTY, COVENANT OR REPRESENTATION WITH RESPECT TO THE PRODUCTS SOLD OR AUCTIONED THROUGH THE OKC SITE. BIDDER HEREBY ASSUMES ALL RISKS CONCERNING AND RELATED TO THE GRADING, QUALITY, DESCRIPTION, CONDITION, AND PROVENANCE OF A PRODUCT/LOT. COINS AND CURRENCY LISTED IN 'S CATALOG AS GRADED AND ENCAPSULATED BY PCGS, NGC, ANACS, ICG, PCGS CURRENCY, PMG, PCGS BANKNOTE GRADING, CMC OR ANY OTHER THIRD-PARTY GRADING SERVICE ARE LIKEWISE SOLD "AS-IS" EXCEPT AS EXPRESSLY SET FORTH HEREIN. ALL THIRD-PARTY GRADING SERVICE GUARANTEES, INCLUDING AUTHENTICITY, ARE THE SOLE RESPONSIBILITY OF THE THIRD-PARTY GRADING SERVICE AND NOT WARRANTIES OR GUARANTEES OF OKC. BIDDERS SHOULD CONTACT THESE THIRD-PARTY GRADING SERVICES DIRECTLY WITH RESPECT TO ANY CLAIMS OR QUESTIONS THEY MAY HAVE CONCERNING THEIR GUARANTEES AND WARRANTIES. BIDDERS ACKNOWLEDGE AND AGREE THAT OKC IS NOT BOUND BY OR LIABLE FOR ANY OPINION OR CERTIFICATION BY ANY THIRD-PARTY GRADING SERVICE. REMOVAL OF A PRODUCT FROM ITS PROTECTIVE CASING OR HOLDER OR ALTERATION OF ANY COIN HOLDER WAIVES ALL RIGHTS CONCERNING THE PRODUCT CONTAINED THEREIN. OKC DOES NOT GUARANTEE OR COVENANT THE ACCURACY OF THE PRODUCT DESCRIPTION OR THAT THE IMAGES USED TO ILLUSTRATE PRODUCTS ARE CORRECT OR DO NOT VIOLATE TRADEMARKS OR COPYRIGHTS. OKC HAS NOT UNDERTAKEN ANY REVIEW OR DUE DILIGENCE WITH RESPECT TO THE INFORMATION CONTAINED ON THE OKC SITE AND PROVIDES NO GUARANTEES, COVENANTS, REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SAID INFORMATION OR ITS ACCURACY. YOU AGREE YOU DO NOT RELY ON ANY WRITTEN DESCRIPTIONS, BUT WILL ONLY BID BASED ON EXAMINATION OF THE PRODUCT/LOT PHOTOGRAPHS POSTED IN CONNECTION WITH THE AUCTION OR "OTHER" LISTING. You hereby acknowledge that the OKC Sites, the data entered into the Sites, and/or the Seller's auction or "Other" information may contain errors or inaccuracies. You understand, acknowledge and agree that the numismatic and precious metals markets are speculative, unregulated and volatile, and that coin, currency and precious metal values may rise or fall over time. OKC DOES NOT GUARANTEE OR REPRESENT THAT ANY BIDDER BUYER PRODUCTS FOR INVESTMENT PURPOSES WILL BE ABLE TO SELL SAID PRODUCTS FOR A PROFIT IN THE FUTURE. You further understand, acknowledge and agree that neither OKC, nor its owners, members, employees, affiliates, agents, representatives, third-party providers, or consignors warrant that Auctions or "other" listings will be unimpaired, uninterrupted or error free and accordingly shall not be liable for such events. 12 . CREDIT CARD CHARGEBACKS PROHIBITED. The "Limited Returns" provision set forth herein below provides the limited availability and procedure for facilitating Product returns in specified situation. Absent the express eligibility and strict adherence to the procedures for facilitating a return (which must be pre-authorized by OKC in writing), Bidders shall not be entitled to return Product(s), partial or full refunds, wire recalls, stop payments on checks or credit/debit cards, or the initiation of a chargeback claim with a Bidder's credit/debit card provider. BIDDER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT THERE EXIST NO LEGAL BASIS FOR INITIATING A CHARGEBACK CLAIM FOR ANY PURCHASED PRODUCT, AND BIDDER SPECIFICALLY AGREES TO REFRAIN FROM THE FILING OF ANY SUCH CLAIM. In the event a Bidder does not receive a purchased Product within thirty (30) days of payment, or the Bidder takes issue with a Product's grading or condition, Bidder's only recourse shall be against the third-party shipping company's insurance and/or the appropriate grading service. 13. LIMITED RETURNS. The following terms shall govern the limited return policy available for some Bidders for certain Product(s) under limited circumstances and only upon written pre-approval from an OKC authorized representative. a. No certified Product(s) may be returned because of possible difference of opinion with respect to the grade offered by any third party organization, dealer or service. No guarantee of grade is offered for uncertified Product(s) sold and subsequently submitted to a third-party grading service. There are absolutely no exceptions to this policy. Bidder will solely rely upon the posted photographs of the Product/Lot, and agrees Bidder will not rely upon the written description. b. Under extremely limited circumstances (e.g. gross cataloging error), a successful Bidder may request OKC to evaluate voiding a sale, if and only if: (i) such request is made in writing detailing the alleged gross error and submitted to OKC (at One of a kind coins LLC) within two (2) days of receipt of the Product(s); (ii) submission of the Product(s) to OKC are pre-approved by an authorized OKC representative; and (iii) the successful Bidder notifies OKC (P.O. Box 79557 Little Egg Harbor Twp. NJ. 08087) in writing of such request within two (2) days of the Bidder's receipt of the Product(s). Any Product that is to be evaluated must be in OKC’s office (P.O. Box 7301 Rochelle Park NJ. 07662) within thirty (30) days after the conclusion of the Product(s) auction. Grading or method of manufacture do not qualify for this evaluation process nor do such complaints constitute a basis to challenge the authenticity of Product(s). AT THE CONCLUSION OF THE AFOREMENTIONED THIRTY (30) DAY PERIOD, NO PRODUCTS MAY BE RETURNED FOR REASONS OTHER THAN AUTHENTICITY. IT IS WITHIN OKC'S SOLE DISCRETION TO DETERMINE WHETHER THE ALLEGED ERROR QUALIFIES FOR A PARTIAL, COMPLETE, OR NO REFUND (SUBJECT TO A 25% RESTOCKING FEE SET FORTH HEREIN). Returned Products must be housed intact in their unaltered original holders or packaging. Late remittance of payment for purchases may be considered just cause to revoke all return privileges. c. TWO (2) DAY RETURN POLICY. Certified Coin and Uncertified and Certified Currency lots paid for within five (5) days of the auction or "Other" sale may be sold with two (2) day return privileges (only upon written pre-approval by OKC) unless otherwise noted in the description as "Sold As Is / No Return". You may return Product(s) under the following limited conditions with written pre-approval from OKC: (i) within two (2) days of receipt of the Product(s), you must first notify OKC by email (At One of a kind coins LLC) and telephone (609-389-4952), obtain written pre-approval via email, and immediately ship the return Product(s) in their original condition, fully insured, and housed in their original holder or packaging, to the attention of "Oneofakindcoins, LLC - RETURNS, P.O. Box 7301 Rochelle Park. NJ 07662." Said return Product(s) must be in OKC's possession, custody and control within thirty (30) days after the conclusion of the Product(s) auction or such return privileges are revoked without further notice and the late Product will be shipped back to the Bidder at his/her/its sole expense. A non-negotiable restocking fee of twenty five percent (25%) of the purchase price ($10.00 per Product/lot minimum) will be deducted from the refund for each returned Product (or billed directly to the Bidder). Postage and handling, customs, and other fees are not refunded. After the two-day period (from Bidder's receipt), no Product(s) may be returned for any reason. Late remittance for purchases revokes all return privileges. d. Bidders who have inspected the Product(s) in-person prior to an auction or "other" purchase, or bid through an agent, will not be granted any return privileges, except for reasons of authenticity. e. Coins sold referencing a third-party grading service are sold "AS IS" without any express or implied warranty, except for a guarantee by OKC that they are genuine. Removal or alteration of the holder, voids all of Bidder's claims concerning that Product. Certain warranties may be available from the grading services and Bidders are referred to them for further details: Numismatic Guaranty Corporation (NGC), PO Box 4776, Sarasota, FL 34230, www.ngccoin.com/services/writtenguarantee.asp; Professional Coin Grading Services (PCGS), PO Box 9458, Newport Beach, CA 92658, www.pcgs.com/guarantee.html; ANACS, 6555 S. Kenton St., Ste. 303, Englewood, CO 80111; and Independent Coin Grading Co. (ICG), 7901 East Bellview, Ave., Suite 50, Englewood, CO 80111. f. Notes sold referencing a third-party grading service are sold "AS IS" without any express or implied warranty, except for guarantee by OKC that they are genuine. Grading, condition or other attributes of any Product may have a material effect on its value and the opinion of others, including third-party grading services such as PCGS Currency and PMG may differ with that of OKC. OKC shall not be bound by any prior or subsequent opinion, determination, or certification by any grading service. Bidders specifically waive any claim to right of return of any Product because of the opinion, determination, or certification, or lack thereof, by any grading service. Certain warranties may be available from the grading services and Bidders are referred to them for further details: Paper Money Guaranty (PMG), PO Box 4711, Sarasota, FL 34230; PCGS Currency, PO Box 10470, Peoria, IL 61612-0470; PCGS Gold Shield, PO Box 9458, Newport Beach, CA 92658. Third-party graded notes are not returnable for any reason whatsoever. g. Notes graded by PCGS Currency between February 4, 2009, and January 30, 2019, were graded and authenticated by K3B, Inc. under license from Collectors Universe, Inc. K3B, Inc., now operating as Legacy Currency Grading, has expressed in writing that notes graded under the license during this time period will still be covered by the full written guaranty of PCGS Currency. Warranties may be available from Collectors Universe, Inc. for PCGS Currency notes graded prior to February 4, 2009. h. Since OKC cannot examine encapsulated coins or notes, they are sold "AS IS" with or without OKC's grading opinion, and may not be returned for any reason. OKC shall not be liable for any patent or latent defect or controversy pertaining to or arising from any encapsulated Product. In any such instance, Bidder's remedy, if any, shall be solely against the service certifying the Product. i. Due to changing grading standards over time, differing interpretations, and to possible mishandling of Products by subsequent owners, OKC reserves the right to express an opinion as to an item's grade differently than shown on certificates from any grading service that accompany the Product, but shall have no obligation to do so. OKC also reserves the right to express an opinion as to a product's grade differently than the grades shown in a prior catalog should such items be re-consigned to any future auction or "Other" sale, but shall have no obligation to do so. Although consensus grading is employed by most grading services, it should be noted as aforesaid that grading is not an exact science. In fact, it is entirely possible that if a Product is broken out of a plastic holder and resubmitted to another grading service or even to the same service, the Product could come back with a different grade assigned. Certification does not guarantee protection against the normal risks associated with potentially volatile markets. The degree of liquidity for certified coins and collectibles will vary according to general market conditions and the particular lot involved. For some Products there may be no active market at all at certain points in time. l. All non-certified coins and currency are guaranteed genuine, but are not guaranteed as to grade, since grading is a matter of opinion, an art and not a science, and therefore the description rendered by OKC or any third-party grading service may not agree with the opinion of others (including trained experts), and the same expert may not grade the same item with the same grade at two different times. OKC may, but is not obligated to, express an opinion as to non-certified numismatic items, in OKC's opinion, or by its employees' experience and the current interpretation of the American Numismatic Association's standards as of the date the catalog was prepared. There is no guarantee or warranty expressed or implied that the grading opinions utilized by OKC, if any, will meet the standards of any grading service at any time in the future. m. Storage of purchased coins, tokens and currency: Bidders understand and acknowledge that certain types of plastic may react with a coin, token or currency's surface or transfer plasticizer to notes and may cause damage. You understand, acknowledge and agree that you shall exercise caution to avoid the use of storage materials that are not inert. 14. RESTOCKING FEE. All Products which qualify for return and are returned in strict conformity with the notice and physical return requirements set forth herein, shall be subject to a mandatory restocking fee equal to twenty-five percent (25%) of the Product's Auction or "other" purchase price. 15. WAIVER, RELEASE AND LIMITATIONS ON LIABILITY. IN CONSIDERATION OF PARTICIPATION IN OKC AUCTIONS OR "OTHER" LISTINGS, YOU, FOR YOURSELF, YOUR HEIRS, AGENTS, SUCCESSORS, AND ASSIGNS, GENERALLY AND SPECIFICALLY WAIVE AND RELEASE, AND FOREVER DISCHARGE OKC, AND ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS, AND REPRESENTATIVES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS, RIGHTS, DEMANDS, CAUSES OF ACTION, ARBITRATIONS, LAWSUITS, OR OTHER LEGAL PROCEEDINGS, OF WHATEVER KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO CLAIMS BASED UPON OKC'S ALLEGED NEGLIGENCE OR DIFFERING OPINION AS TO GRADE, WHETHER IN LAW OR EQUITY, TORT OR OTHERWISE, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHICH YOU MAY ASSERT WITH RESPECT AND/OR ARISING OUT OF, OR IN CONNECTION WITH ANY CHALLENGE TO THE TITLE TO OR AUTHENTICITY OF ANY PRODUCT PURCHASED, THE SALE ITSELF, ANY PRODUCT/LOT BID UPON OR CONSIGNED, THE AUCTION, OR THE "OTHER" LISTING, EXCEPT WHERE SUCH CLAIM IS OTHERWISE EXPRESSLY AUTHORIZED IN THIS AGREEMENT. IT IS YOUR INTENTION THAT THIS WAIVER AND RELEASE SHALL BE EFFECTIVE AS A BAR TO EACH AND EVERY CLAIM THAT MAY ARISE HEREUNDER OR BE RELATED TO THE SERVICES, AUCTION, "OTHER" LISTING, THE SITES, AND/OR THE PRODUCT(S), AND YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY AND ALL PURPORTED RIGHTS AND BENEFITS OTHERWISE CONFERRED UPON YOU BY STATUTE OR COMMON LAW. YOU ASSUME ANY AND ALL DAMAGES RESULTING FROM YOUR USE OF OKC SERVICES AND THE SITES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OKC, ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ITS AFFILIATES, OR REPRESENTATIVES, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL, WORK STOPPAGE, TIME VALUE OR OTHER PECUNIARY LOSS AND/OR CLAIMS UNDER THE NEW JERSEY DECEPTIVE TRADE PRACTICES ACT OR SIMILAR STATUTE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR INABILITY TO USE THE OKC SERVICES AND/OR SITES, OR NEGLIGENCE OF OKC OR OF ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR REPRESENTATIVES. ALL RIGHT TO A JURY TRIAL IS WAIVED. UNDER NO CIRCUMSTANCES WILL YOU SEEK ANY DAMAGES EXCEEDING THE AMOUNT PAID FOR AN ITEM OR LOT. 16. DISPUTE RESOLUTION, ARBITRATION AND REMEDIES. In consideration of the privilege to participate in OKC and sell or purchase Products through an Auction or "other" listing, you accept the terms set forth in this Agreement and specifically agree to the dispute resolution provisions provided herein. a. Exclusive Dispute Resolution Process: All Claims, disputes, or controversies arising out of, in connection with, and/or relating to: (i) your use of the Sites, (ii) participation in an Auction or "other" listing, (iii) purchase or sale of a Product, (iv) any interpretation of the Terms or any amendments thereto, (v) any description of any Product/lot or condition report, (vi) any damage to any Product, (vii) any alleged verbal modification of any Term or condition report or description, and/or (viii) any purported settlement whether asserted in contract, tort, under federal or state statute or regulation, or any claim made by you concerning a Product or your participation in an Auction or "Other" sale involving a warranty or representation of a consignor, other person, or entity, including OKC (collectively a "Claim") shall be exclusively heard by, and the claimant (or respondent) and OKC each consent to the Claim being adjudicated through confidential, binding, in person arbitration before a single arbitrator administered by and conducted under the rules of the American Arbitration Association (AAA) as the buyer's sole remedy. The locale for all such arbitrations shall be in-person in Little Egg Harbor, Ocean County, New Jersey. The arbitrator's award may be enforced in any court of competent jurisdiction within Little Egg Harbor, Ocean County, New Jersey. In the event a Claim must be litigated after an arbitration demand is filed with the AAA (including actions to compel arbitration, construe this Agreement, actions in aid of arbitration, or otherwise), such litigation shall be exclusively in the courts of the State of New Jersey, in Ocean County, New Jersey, and if necessary, the corresponding appellate courts. YOU EXPRESSLY WAIVE ANY RIGHT TO A TRIAL BY JURY. YOU AGREE THAT IN-PERSON ARBITRATION IS YOUR SOLE REMEDY FOR ANY AND ALL CLAIMS AGAINST OR INVOLVING OKC. b. Fees, Costs and Interest: Each party shall pay one-half of any anticipated arbitration fees to initiate the process. The prevailing party (a party that is awarded substantial and material relief on its liability and damage claim based on damages sought versus awarded or the successful defense of a Claim based on damages sought versus awarded) may be awarded reasonable attorney's fees, costs and applicable pre- and post-award interest by an arbitrator and/or subsequent court of competent jurisdiction. c. Remedies: Any Claim must be brought within two (2) years of the alleged breach, default, or misrepresentation or the Claim is waived. OKC's maximum liability shall be limited to any commission and fees OKC earned on that Product. OKC in no event shall be responsible for consequential, incidental, compensatory, or any other damages (set forth herein including those claimed under the New Jersey Deceptive Trade Practices Act) arising or claimed to be arising from the Auction or "Other" sale. Exemplary and punitive damages are not recoverable and are waived. In the event OKC cannot deliver a Product or it is subsequently established that the Product lacks title, or other transfer or condition issue is claimed, in such cases the sole remedy shall be limited at most to rescission of the sale and refund of the amount paid by Bidder; in no case shall OKC's maximum cumulative liability exceed the high bid on the Product, which bid shall be deemed for all purposes the value of the Product. In the event of an attribution error, OKC may, at its sole discretion, correct the error on the internet/Site, or, if discovered at a later date, refund Bidder's purchase price without further obligation. Nothing herein shall be construed to extend the time of return or conditions and restrictions for return. d. These Terms provide specific remedies for occurrences in the Auction or "Other" listing and delivery process. Where such remedies are afforded, they shall be interpreted strictly. You agree that any Claim shall utilize such remedies. In the event you make a Claim in excess of those remedies provided in these Terms, you agree that in no case whatsoever shall OKC's maximum liability exceed the high bid on the Product, which bid shall be deemed for all purposes the value of the Product. e. Failure to participate in the arbitration is a default and material breach of this Agreement. f. OKC reserves the right to initiate a lawsuit, instead of arbitration, for any unpaid amounts due from Bidder to OKC, and the parties agree. OKC is entitled to the additional recovery of its costs, expenses, attorney's fees, and interest in such matters, if you breach any provision of these Terms and Conditions.