If you are using this Site for items outside of the United States, then further international terms, located at http://www.sneakerhead.com/int-order.html, may apply to you and are incorporated herein by reference.
All information contained on this Site, including product descriptions and pricing, is provided as is, with no guarantees or warranties of any kind, expressed or implied, including, but not limited to, merchantability, fitness for a particular purpose, data accuracy, system integration, or the reliability, timeliness or completeness of information on this Site. Sneakerhead.com assumes no responsibility for any errors or omissions contained herein.
LIMITATION OF LIABILITY
By accessing this Site, you agree to hold Sneakerhead.com, its affiliates, employees, agents, or third party content providers free from liability for any loss resulting from any information or content on this Site, or the use or unavailability thereof, including lost or damaged data, or any direct, indirect, special, consequential, compensatory or incidental damages. You also agree to hold Sneakerhead.com, its affiliates, employees, agents, or third party content providers free from liability for any damage or injury resulting from telecommunications errors, computer viruses, loss or breach of data, or other malicious code or programs resulting from use of this Site.
Using Sneakerhead.com constitutes your acceptance that Sneakerhead.com, its affiliates, employees, agents, or third party content providers are not liable for unauthorized access or use of your personally identifying information, or for tortious, negligent, or criminal acts of other users. By using this Site you accept responsibility for any damage to your equipment, hardware, other property, or any personal injury arising through use of this Site, and agree to indemnify and otherwise hold harmless Sneakerhead.com, its affiliates, employees, agents, or third party content providers against any cause of action or claim, including legal fees, related to your use of this Site.
In no event shall any of Sneakerhead.com or its affiliates be liable to you or any other person or entity for any claims proceedings, liabilities, obligations, damages, losses or costs in an amount in excess of: (i) the price of the item you purchased, if any or, if none, (ii) five hundred dollars ($500). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
LIMITATIONS OF USE
You further agree that you will not, under any circumstances, do or attempt to do any of the following:
- duplicate, decompile, reverse engineer, disassemble or decode the Site (including any underlying idea or algorithm);
- use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, "mines," scrapes or otherwise accesses the Site to monitor, extract, copy or collect information from or through the Site;
- use the Site in any manner that could disable, overburden, damage, disrupt or impair the Site or interfere with any other party’s use of the Site;
- introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; or
- violate any applicable law or regulation or third party's rights in connection with your use of the Site.
COPYRIGHTS AND TRADEMARKS
All content on this Site, including images, graphics, text, button icons, and software is owned by Sneakerhead.com. You may not copy, reproduce, modify, publish, upload, post, transmit, or distribute Site content, including framing Sneakerhead.com content on other websites, without prior written consent from Sneakerhead.com.
SNEAKERHEAD®, including "Sneakerhead.com," associated logos and trade names are trademarks of Sneakerhead.com and its affiliates. Using any Sneakerhead.com trademark, including the use of metatags or any other hidden text utilizing SNEAKERHEAD or any other trademark or trade name owned by Sneakerhead.com or its affiliates is prohibited without the prior written consent of Sneakerhead.com. Sneakerhead.com owns all trademark rights in the look and feel of this Site, including page headers, custom graphics, button icons and scripts. All trademarks appearing on this Site, not owned by Sneakerhead.com or its affiliates, are the property of their respective owners.
You may be required to create a personal account to access features or areas of this Site. When creating an account, you agree to provide accurate and complete information. You are solely responsible for any and all uses of your account, and agree to keep your password secure. You agree never to use another user's account, and agree to notify Sneakerhead.com immediately of any suspected unauthorized account use. Although Sneakerhead.com will not be liable for any unauthorized use of your account, you may be liable for losses incurred by Sneakerhead.com or others due to such unauthorized use.
SNEAKERHEAD+ MEMBERSHIP TERMS
SNEAKERHEAD+ membership is a paid membership fee program. Enrollment fees are non-refundable once paid.
Free two (2) day shipping under the SNEAKERHEAD+ program is limited to the first year of membership, calculated from the date of online enrollment and payment of fees, and is limited to purchases of $50.00 or more. Free two (2) day shipping is available only in the United States and its territories, and is not available for shipments to APO/FPO addresses, P.O. Boxes or international destinations.
Sneakerhead.com does not keep payment methods of SNEAKERHEAD+ members on file, and membership does not auto renew. SNEAKERHEAD+ members are responsible for renewing their SNEAKERHEAD+ membership to continue receiving member benefits.
Anyone who believes that his or her work has been reproduced on the Site (including as User Content) in a manner which constitutes copyright infringement may submit a notification to Sneakerhead.com's copyright agent in accordance with the Digital Millennium Copyright Act (the "DMCA"), by providing the following information in writing:
- identification of the copyrighted work that is claimed to be infringed;
- identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Site;
- information for our copyright agent to contact you, such as an address, telephone number, and, if available, email address;
- a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law;
- a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and
- a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.
If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, "trademark") by notating this in your written notice. You acknowledge that if you fail to comply with all of the requirements for a notice of infringement as specified above, your DMCA notice may not be valid.
Notices of copyright infringement claims should be sent by mail to: Sneakerhead.com, Attn: Copyright Agent, 12325 Imperial Highway #326, Norwalk, CA 90650, USA; or by email to email@example.com. Sneakerhead.com will respond expeditiously to claims of copyright infringement using the Site that are reported to Sneakerhead.com's copyright agent in the notification explained above. It is Sneakerhead.com's policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.
Further information on the DMCA can be found in 17 U.S.C. 512 or on the United States Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf.
In the event that a product sold is mistakenly listed at an incorrect price, Sneakerhead.com reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price, whether or not the order has been confirmed and your payment method charged. If your payment method has already been charged for the purchase and your order is cancelled, Sneakerhead.com shall issue a credit to your payment method account.
Third party sites linked to this Site may not have been reviewed or approved by Sneakerhead.com, and Sneakerhead.com is not responsible for the content or privacy practices of any third party sites linked to this Site, whether or not affiliated with Sneakerhead.com. Third party linked sites are provided for convenience only and Sneakerhead.com makes no representations or warranties as to the accuracy or functioning of any such link. The existence of any other sites linked to Sneakerhead.com does not constitute endorsement by Sneakerhead.com of such other site, its content, products, or services.
ARBITRATION AND CLASS ACTION WAIVER
This Section includes an arbitration agreement (the "Arbitration Agreement") and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the Arbitration Agreement by following the opt out procedure described below.
If you wish to begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Sneakerhead.com, Attn: Legal Department, 12325 Imperial Highway #326 Norwalk, CA 90650, USA. The arbitration will be administered by the American Arbitration Association (AAA) under its rules including, if you are an individual, the AAA's Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Site on behalf of an entity, the AAA's Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879.
The number of arbitrators will be one. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitration will be conducted in the English language. California law will apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. If you are an individual and have not accessed or used the Site on behalf of an entity, we will reimburse those fees for claims totaling less than $10,000, unless the arbitrator determines the claims are frivolous, and we will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. However, the preceding sentence will not apply to the "Class Action Waiver" section below.
If you do not want to arbitrate disputes with Sneakerhead.com and you are an individual, you may opt out of this Arbitration Agreement by sending an email to firstname.lastname@example.org within thirty (30) days of the first of the date you access or use the Site.
Class Action Waiver
Any Claim must be brought in the respective party's individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding ("Class Action"). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.
If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and Sneakerhead.com each waive any right to a jury trial.
CHANGES AND IMPROVEMENTS
Under California Civil Code Section 1789.3, California users of the Site receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
Questions or comments about this Site or these terms may be directed to Sneakerhead.com, at 12325 Imperial Highway #326 Norwalk, CA 90650, USA.