Terms Of Use

Welcome to the websites and online services of Sneakerhead.com. These Terms of Use (the "Terms of Use") are a binding contract between Sneakerhead.com and yourself and explain the terms and conditions by which you may use and/or access Sneakerhead.com (together with any related subsite, service or feature thereto and all content and software associated therewith, the "Site"). By accessing and using the Site, you agree to comply with these Terms of Use and all applicable laws and regulations. If you do not agree with all of the provisions of these Terms of Use, you may not access, or conduct any transaction through, the Site.

For purposes of these Terms of Use, "you" and "your" means you as the user of the Site. If you use the Site on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms of Use, and that you agree to these Terms of Use on the entity's behalf.

If you are using this Site for items outside of the United States, then further international terms, located at http://m.sneakerhead.com/int-order.html, may apply to you and are incorporated herein by reference.

THESE TERMS OF USE INCLUDE (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; AND (3) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF YOUR USE OF THE SITE. BY USING THE SITE, YOU AFFIRM THAT YOU AGREE TO THESE PROVISIONS.

Warranty Disclaimer

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:

  1. duplicate, decompile, reverse engineer, disassemble or decode the Site (including any underlying idea or algorithm);
  2. 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;
  3. 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;
  4. introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; or
  5. 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.

PRIVACY POLICY

Sneakerhead.com is committed to protecting its users' privacy. Please refer to our privacy policy for information on our user information collection, use and disclosure policies.

USER ACCOUNTS

By using this Site, you represent and warrant that you are of legal age to form a binding contract with Sneakerhead.com and meet all of the foregoing eligibility requirements. If you are under the age of majority in your jurisdiction, you must make sure that your parent or guardian (1) accepts these Terms of Use on your behalf prior to your use of the Site and (2) completes any transaction you process through the Site on your behalf.

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.

USER CONTENT

Sneakerhead.com may, at its sole discretion, allow users of this Site to publicly post content, such as product reviews or other comments. By submitting content to Sneakerhead.com ("User Content"), you hereby grant Sneakerhead.com an irrevocable, perpetual, royalty-free, non-exclusive, sub-licensable license to use, reproduce, modify, publish, translate, distribute, and display such content, including the right to sub-license such content, throughout the world in any media now known or hereinafter devised. Included in the grant of rights is the right to use the name identified by the user in connection with submitting the content, and to allow other users of the Site to view and access your User Content. By submitting content to Sneakerhead.com, users agree that they are not using a false e-mail address, or otherwise impersonating any person or entity, and represent and warrant that they own or otherwise control rights in the content. Users submitting content to Sneakerhead.com further agree that use of the content will not violate these Terms of Use and will not injure any person or entity. Any user submitting content to Sneakerhead.com agrees to indemnify Sneakerhead.com for all claims resulting from use of the content. Sneakerhead.com reserves the right to monitor, edit or remove any User Content, and takes no responsibility and assumes no liability for such content.

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:

  1. identification of the copyrighted work that is claimed to be infringed;
  2. identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Site;
  3. information for our copyright agent to contact you, such as an address, telephone number, and, if available, email address;
  4. 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;
  5. 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
  6. 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 legal@sneakerhead.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.

TYPOGRAPHICAL ERRORS

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.

OUTSIDE LINKS

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.

Arbitration Agreement. After the informal dispute resolution process any remaining dispute, controversy, or claim (collectively, "Claim") relating in any way to your use of Sneakerhead.com's services and/or products, including the Site, or relating in any way to the communications between you and Sneakerhead.com or any other user of the Site, will be finally resolved by binding arbitration. This mandatory Arbitration Agreement applies equally to you and Sneakerhead.com. However, this Arbitration Agreement does not (a) govern any Claim by Sneakerhead.com for infringement of its intellectual property or access to the Site that is unauthorized or exceeds authorization granted in these Terms of Use or (b) bar you from making use of applicable small claims court procedures in appropriate cases. If you are an individual you may opt out of this Arbitration Agreement within thirty (30) days of the first of the date you access or use this Site by following the procedure described below.

Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration. Instead, the dispute is resolve by a neutral arbitrator. Court review of an arbitration award is limited. Except to the extent the parties agree otherwise, arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Sneakerhead.com are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive any termination of these Terms of Use.

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 legal@sneakerhead.com 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

Sneakerhead.com reserves the right to make changes, improvements, alterations, or amendments to the information contained on this Site, including information regarding products and services, and including these Terms of Use without liability. Continued use of the Site following any changes constitutes your acceptance of such changes.

Sneakerhead.com may, at its discretion, change these Terms of Use, including any aspect of SNEAKERHEAD+ membership, without notice to you. If any change to these Terms of Use is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. Your continued membership after we change these terms constitutes your acceptance of the changes. If you do not agree to any changes, you must cancel your membership.

MISCELLANEOUS

Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Sneakerhead.com. If any clause in these Terms of Use is found unenforceable for any reason, such unenforceability shall not affect any other clause.

Failure by Sneakerhead.com at any time to exercise any remedy or enforce any portion of these Terms of Use shall not operate as a waiver of any remedy or the right to enforce any portion of these Terms of Use.

Any rights not expressly granted herein are reserved by Sneakerhead.com.

Except as expressly stated otherwise, the Terms of Use shall be governed by, and will be construed under, the laws of the United States of America and the law of the State of California, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any action to enforce this agreement shall be brought in the federal or state courts located in the State of California, County of Los Angeles.

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.

CONTACT US

Questions or comments about this Site or these terms may be directed to Sneakerhead.com, at 12325 Imperial Highway #326 Norwalk, CA 90650, USA.