TERMS OF SERVICE AGREEMENT

SneaksGeeks Sneaker Donation Pickup Service and Marketplace

 

1. ACCEPTANCE OF TERMS AND AGREEMENT FORMATION

1.1 Binding Agreement

By accessing, browsing, or using the SneaksGeeks website located at www.SneaksGeeks.World (the “Website”), mobile application, or any related services (collectively, the “Service”), you (“User,” “you,” or “your”) acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service Agreement (this “Agreement” or “Terms”). This Agreement constitutes a legally binding contract between you and SneaksGeeks, LLC, a California limited liability company (“Company,” “we,” “us,” or “our”).

1.2 Legal Capacity and Age Requirements

You represent and warrant that: (a) you are at least thirteen (13) years of age; (b) you have the legal capacity to enter into this Agreement; (c) if you are between the ages of 13 and 18, you have obtained parental or guardian consent to use the Service and enter into this Agreement; (d) you are not prohibited from using the Service under applicable law; and (e) your use of the Service will not violate any applicable law or regulation. If you are entering into this Agreement on behalf of a business entity, you represent and warrant that you have the authority to bind such entity to this Agreement.

1.3 Electronic Agreement Formation

This Agreement is formed electronically when you click “I Accept,” “I Agree,” create an account, or otherwise use the Service. You acknowledge that your electronic acceptance has the same legal force and effect as if you had signed this Agreement in writing. In accordance with California Commercial Code § 2316, you waive any right to claim that this Agreement is unenforceable due to its electronic formation.

 

2. SERVICE DESCRIPTION AND BUSINESS INFORMATION

2.1 Company Information

SneaksGeeks, LLC is a California limited liability company with its principal place of business located at 1150 S. Olive St., Los Angeles, CA 90015. Our customer service email address is support@sneaksgeeks.world. The Service operates under the brand name “SneaksGeeks” and is accessible through our Website at www.SneaksGeeks.World.

2.2 Service Overview

The Service provides two primary functions: (a) a sneaker donation pickup service that collects gently used sneakers from users’ locations within our designated service areas; and (b) an online marketplace where users can purchase gently used sneakers that have been donated through our pickup service or directly listed by other users. The Service facilitates transactions between buyers and sellers but does not take ownership of the sneakers unless specifically noted.

2.3 Compliance with Commercial Regulations

Our Service operates in compliance with the Federal Trade Commission Act (15 USC § 45(a)(2)) and applicable California Online Marketplace Laws. We maintain records of high-volume sellers as required by law and provide necessary seller information to buyers upon request. The Service is designed to facilitate legitimate commerce in pre-owned sneakers while maintaining appropriate consumer protections.

2.4 Service Availability and Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice, for any reason including but not limited to maintenance, updates, or business considerations. We do not guarantee that the Service will be available at all times or that it will be free from interruptions, delays, or errors.

 

3. USER ACCOUNTS AND REGISTRATION

3.1 Account Creation Requirements

To access certain features of the Service, you must create a user account by providing accurate, current, and complete information including but not limited to: (a) a valid email address; (b) a secure password meeting our specified criteria; (c) your legal name; and (d) your physical address within our service areas. You may optionally provide a phone number for enhanced account security and service notifications.

3.2 Email Verification Process

All users must verify their email address through our automated verification system before gaining full access to the Service. Upon registration, you will receive an email containing a verification link that must be clicked within seventy-two (72) hours of account creation. Failure to complete email verification may result in limited account functionality or account suspension.

3.3 Account Security and Responsibility

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to: (a) immediately notify us of any unauthorized use of your account; (b) use a strong, unique password that is not used for other online services; (c) log out of your account when using shared or public computers; and (d) regularly monitor your account for suspicious activity. We are not liable for any loss or damage arising from your failure to comply with these security requirements.

3.4 Account Information Accuracy

You agree to maintain accurate, current, and complete account information at all times. You must promptly update your account information if any changes occur, including changes to your email address, physical address, or payment information. Providing false, misleading, or outdated information may result in account suspension or termination.

3.5 Minor Account Protections

In compliance with California Consumer Privacy Act provisions for minor data protection, users between the ages of 13 and 18 receive enhanced privacy protections. We do not sell personal information of users under 16 years of age without explicit consent, and we provide additional parental controls and notification requirements for minor accounts.

 

4. USER CONDUCT AND PROHIBITED ACTIVITIES

4.1 Acceptable Use Standards

Users must conduct themselves in a professional and respectful manner when using the Service. You agree to: (a) provide accurate descriptions and photographs of sneakers you donate or list for sale; (b) communicate honestly and transparently with other users; (c) respect the intellectual property rights of others; (d) comply with all applicable laws and regulations; and (e) use the Service only for its intended purposes.

4.2 Prohibited Activities

You are expressly prohibited from: (a) listing or attempting to sell counterfeit, replica, or unauthorized sneakers; (b) engaging in fraudulent transactions or misrepresenting the condition, authenticity, or ownership of sneakers; (c) using the Service to launder money or engage in other illegal financial activities; (d) creating multiple accounts to circumvent transaction limits or other restrictions; (e) interfering with or disrupting the Service’s operation or security; (f) harvesting or collecting user information without consent; (g) posting content that is defamatory, obscene, threatening, or otherwise objectionable; and (h) violating any applicable laws or regulations.

4.3 Content Standards and User-Generated Content

All content you submit to the Service, including sneaker descriptions, photographs, reviews, and communications, must be accurate, lawful, and appropriate. You retain ownership of your user-generated content but grant us a non-exclusive, worldwide, royalty-free license to use, display, and distribute such content in connection with the Service. We reserve the right to remove any content that violates these standards or applicable law.

4.4 Enforcement Mechanisms

We employ a reactive moderation approach, investigating and addressing violations after they are reported or discovered. Enforcement actions may include: (a) content removal; (b) account warnings; (c) temporary account suspension; (d) permanent account termination; (e) forfeiture of account balances or credits; and (f) reporting to law enforcement authorities when appropriate. We reserve the right to take any action we deem necessary to protect the Service and its users.

4.5 Reporting Violations

Users are encouraged to report suspected violations of these Terms or illegal activity through our customer service email at support@sneaksgeeks.world. We will investigate all reports in good faith and take appropriate action based on our findings. However, we do not guarantee that we will take action on every report or that our response will meet your expectations.

 

5. SNEAKER DONATION SERVICE TERMS

5.1 Service Area and Availability

Our sneaker donation pickup service is currently available exclusively within Dallas, Texas. We reserve the right to expand or modify our service areas at any time without prior notice. Users outside our designated service areas may not schedule pickup appointments through the Service.

5.2 Pickup Scheduling Requirements

To schedule a sneaker donation pickup, you must: (a) provide at least twenty-four (24) hours advance notice through our online scheduling system; (b) specify the approximate number and types of sneakers to be donated; (c) provide a complete and accurate pickup address within our service area; (d) ensure that someone aged 18 or older will be present during the scheduled pickup window; and (e) package the sneakers in a manner that facilitates easy collection.

5.3 Donation Transfer and Ownership

By scheduling a pickup and transferring sneakers to our collection team, you irrevocably transfer ownership of the donated sneakers to SneaksGeeks, LLC. You represent and warrant that: (a) you have legal ownership of all donated sneakers; (b) the sneakers are free from any liens, encumbrances, or third-party claims; (c) you have the right to transfer ownership; and (d) the donated sneakers do not violate any intellectual property rights.

5.4 Liability Limitations for Pickup Service

Our liability for the donation pickup service is limited to cases of gross negligence or willful misconduct by our employees or agents. We are not liable for: (a) minor damage to donated sneakers during collection or transport; (b) loss or theft of sneakers after they leave your possession; (c) delays in pickup due to weather, traffic, or other circumstances beyond our control; (d) inability to access your property due to security restrictions or other barriers; or (e) any consequential, incidental, or punitive damages arising from the pickup service.

5.5 Pickup Cancellation and Rescheduling

You may cancel or reschedule a pickup appointment by providing at least four (4) hours notice through our customer service email. Repeated cancellations or no-shows may result in restrictions on your ability to schedule future pickups. We reserve the right to cancel or reschedule pickups due to weather conditions, vehicle maintenance, or other operational considerations.

 

6. MARKETPLACE TRANSACTION TERMS

6.1 Transaction Limits and Restrictions

All sneaker transactions conducted through the Service are subject to a maximum value of one hundred dollars ($100) per individual transaction. This limit applies to the total purchase price including any applicable taxes or fees. Users attempting to circumvent this limit through multiple transactions or other means may have their accounts suspended or terminated.

6.2 Seller Responsibilities and Requirements

Users who list sneakers for sale must: (a) provide accurate and detailed descriptions of the sneakers’ condition, size, brand, and model; (b) upload clear, well-lit photographs showing all relevant details and any defects; (c) set reasonable prices based on market conditions and sneaker condition; (d) respond promptly to buyer inquiries; (e) transfer ownership of sold sneakers within the specified timeframe; and (f) comply with all applicable laws regarding the sale of used goods.

6.3 Buyer Protections and Responsibilities

Buyers are responsible for: (a) carefully reviewing all sneaker descriptions and photographs before making a purchase; (b) asking questions about condition or authenticity before completing a transaction; (c) making payment through our approved payment methods only; (d) providing accurate shipping information; and (e) reporting any authenticity concerns within the specified timeframe. We provide limited buyer protections as outlined in our Returns and Refunds Policy.

6.4 Third-Party Seller Verification

In compliance with California Online Marketplace Laws, we maintain records of sellers who conduct more than $5,000 in annual sales through the Service. High-volume sellers may be required to provide additional verification information including tax identification numbers and business licenses. We provide seller information to buyers upon request as required by law.

6.5 Transaction Processing and Completion

All transactions are processed through our secure payment system. Upon successful payment, buyers receive confirmation and tracking information. Sellers receive notification of completed sales and shipping instructions. We reserve the right to hold funds or delay shipments if we suspect fraudulent activity or policy violations.

 

7. PAYMENT PROCESSING AND COMMISSION STRUCTURE

7.1 Commission Payment System

When sneakers donated through our pickup service are subsequently sold through the marketplace, the original donor receives a commission equal to ten percent (10%) of the final sale price. This commission is paid exclusively in the form of a digital coupon credit that can be applied toward the purchase of any sneakers listed on the SneaksGeeks website.

7.2 Coupon Credit Terms and Conditions

Coupon credits issued as commission payments are subject to the following terms: (a) credits have no cash value and cannot be redeemed for money; (b) credits expire twelve (12) months from the date of issuance; (c) credits can be combined with other promotional offers unless specifically excluded; (d) credits are non-transferable and cannot be sold or given to other users; (e) unused credits are forfeited upon account termination; and (f) we reserve the right to revoke credits obtained through fraudulent means.

7.3 Payment Processing Security

All payment transactions are processed through PCI-compliant third-party payment processors. We do not store complete credit card information on our servers. Users are responsible for maintaining the security of their payment methods and promptly reporting any unauthorized charges to their financial institutions.

7.4 Transaction Fees and Costs

The Service may charge transaction fees for certain payment methods or services. All applicable fees will be clearly disclosed before transaction completion. Users are responsible for any fees charged by their banks or payment providers in connection with transactions conducted through the Service.

7.5 Refund Processing

When refunds are authorized under our Returns and Refunds Policy, they will be processed through the original payment method within five (5) to ten (10) business days. Coupon credits used in refunded transactions will be restored to the user’s account. We are not responsible for delays in refund processing caused by banks or payment processors.

 

8. SHIPPING AND DELIVERY POLICY

8.1 Platform-Managed Shipping Service

SneaksGeeks manages all shipping and delivery logistics for marketplace transactions. We maintain exclusive control over shipping methods, carriers, packaging standards, and delivery timeframes. Sellers are not permitted to arrange independent shipping or direct delivery to buyers.

8.2 Standardized Shipping Rates

All shipping costs are calculated using our standardized rate structure based on package weight, dimensions, and delivery location. Shipping rates are displayed during the checkout process and must be paid by the buyer before order processing. We reserve the right to modify shipping rates at any time with appropriate notice to users.

8.3 Packaging and Handling Standards

All sneakers are professionally packaged using appropriate materials to ensure safe delivery. Our packaging standards include: (a) protective wrapping for individual sneakers; (b) sturdy shipping boxes sized appropriately for the contents; (c) cushioning materials to prevent damage during transit; (d) moisture protection when necessary; and (e) clear labeling with tracking information.

8.4 Delivery Timeframes and Tracking

Standard delivery timeframes are five (5) to seven (7) business days within the continental United States. Expedited shipping options may be available for additional fees. All shipments include tracking information that is provided to buyers via email. We are not responsible for delays caused by weather, carrier issues, or other circumstances beyond our control.

8.5 Delivery Confirmation and Risk of Loss

Risk of loss transfers to the buyer upon delivery confirmation by the shipping carrier. Buyers are responsible for providing accurate delivery addresses and ensuring someone is available to receive packages when required. We are not liable for packages lost or stolen after confirmed delivery, but we will assist buyers in filing claims with shipping carriers when appropriate.

 

9. RETURNS AND REFUNDS POLICY

9.1 Limited Return Policy Framework

The Service operates under a “final sale” policy with limited exceptions. Most sneaker purchases are considered final upon delivery, and returns are not accepted for reasons including but not limited to: (a) change of mind or buyer’s remorse; (b) incorrect size selection by the buyer; (c) minor cosmetic imperfections that were disclosed in the listing; (d) normal wear consistent with the described condition; or (e) dissatisfaction with color, style, or appearance.

9.2 Authenticity Exception Procedures

Returns are accepted only for authenticity concerns, subject to the following procedures: (a) buyers must report suspected authenticity issues within three (3) days of delivery by emailing support@sneaksgeeks.world; (b) buyers must provide detailed photographs and specific reasons for authenticity concerns; (c) we will conduct an internal review and may request additional documentation; (d) if authenticity concerns are validated, we will authorize a return and provide prepaid shipping labels; and (e) refunds will be processed within ten (10) business days of receiving returned merchandise.

9.3 Return Authorization Process

All returns must be pre-authorized through our customer service team. Unauthorized returns will be refused and returned to the sender at the sender’s expense. To request return authorization, buyers must: (a) contact us within the specified timeframe; (b) provide order number and detailed explanation of the issue; (c) submit required photographs or documentation; (d) await written authorization before shipping; and (e) use only our provided return shipping labels.

9.4 Condition Requirements for Returns

Returned sneakers must be in the same condition as when delivered, with all original packaging, tags, and accessories. Returns showing evidence of wear, damage, or alteration after delivery will be rejected. We reserve the right to charge restocking fees for returns that do not meet our condition requirements.

9.5 Consumer Protection Compliance

This returns policy is designed to comply with the Song-Beverly Consumer Warranty Act (Cal. Civil Code § 1790 et seq.) while maintaining the practical requirements of a used goods marketplace. Buyers retain all rights under applicable consumer protection laws, and nothing in this policy waives statutory rights that cannot be waived under California law.

 

10. AUTHENTICITY AND QUALITY DISCLAIMERS

10.1 No Authenticity Guarantees

SneaksGeeks expressly disclaims any warranties, representations, or guarantees regarding the authenticity of sneakers sold through the Service. We do not authenticate sneakers, verify their genuineness, or warrant that they are legitimate products from their purported manufacturers. Buyers purchase sneakers “as is” and assume all risks related to authenticity.

10.2 Quality and Condition Disclaimers

In accordance with California Commercial Code § 2316 and the Magnuson-Moss Warranty Act (15 U.S.C. § 2301 et seq.), we disclaim all warranties of merchantability, fitness for a particular purpose, and quality regarding sneakers sold through the Service. All sneakers are sold in their current condition based solely on the descriptions and photographs provided by sellers.

10.3 User Responsibility for Due Diligence

Buyers are solely responsible for: (a) evaluating the authenticity and condition of sneakers before purchase; (b) asking appropriate questions and requesting additional information from sellers; (c) understanding the risks associated with purchasing used goods; (d) conducting independent research on sneaker authenticity markers; and (e) making informed purchasing decisions based on available information.

10.4 Third-Party Authentication Services

While we do not provide authentication services, buyers may choose to use independent third-party authentication services at their own expense. We do not endorse any particular authentication service and are not responsible for the accuracy or reliability of third-party authentication opinions.

10.5 Limitation of Platform Liability

Our role is limited to facilitating transactions between buyers and sellers. We do not take ownership of sneakers, make representations about their authenticity or quality, or assume liability for disputes between users. Any claims regarding authenticity or quality must be resolved directly between buyers and sellers, subject to our limited return policy for authenticity concerns.

 

11. PRIVACY POLICY AND DATA PROTECTION

11.1 California Consumer Privacy Act Compliance

This Privacy Policy complies with the California Consumer Privacy Act (CCPA) as codified in California Civil Code § 1798.100 et seq., including the 2026 amendments that enhance privacy requirements. We are committed to protecting your personal information and providing transparency about our data practices.

11.2 Information We Collect

We collect the following categories of personal information: (a) identifiers such as name, email address, phone number, and IP address; (b) commercial information including purchase history and preferences; (c) internet activity information such as browsing behavior and search history on our Service; (d) geolocation data for service delivery purposes; (e) professional information if you operate as a business seller; and (f) inferences drawn from the above information to create user profiles.

11.3 Sources of Personal Information

We collect personal information directly from you when you create accounts, make purchases, or communicate with us. We also collect information automatically through cookies, web beacons, and similar technologies. Additionally, we may receive information from third parties such as payment processors, shipping carriers, and social media platforms when you interact with our Service through those platforms.

11.4 Use of Personal Information

We use your personal information for the following business purposes: (a) providing and maintaining the Service; (b) processing transactions and payments; (c) communicating with you about your account and transactions; (d) improving our Service through analytics and user feedback; (e) preventing fraud and ensuring security; (f) complying with legal obligations; and (g) marketing our services with your consent.

11.5 Sharing of Personal Information

We may share your personal information with: (a) service providers who assist in operating our business; (b) payment processors and financial institutions; (c) shipping carriers for delivery purposes; (d) law enforcement when required by law; (e) business partners for joint marketing efforts with your consent; and (f) potential buyers in the event of a business sale or merger. We do not sell personal information of users under 16 years of age without explicit consent.

11.6 Your Privacy Rights Under CCPA

You have the right to: (a) know what personal information we collect, use, and share; (b) request deletion of your personal information subject to certain exceptions; (c) opt-out of the sale of your personal information; (d) request correction of inaccurate personal information; (e) limit the use of sensitive personal information; and (f) receive equal service and pricing regardless of exercising your privacy rights.

11.7 Exercising Your Privacy Rights

To exercise your privacy rights, contact us at support@sneaksgeeks.world or through our online privacy portal. We will verify your identity before processing requests and respond within 45 days. You may designate an authorized agent to make requests on your behalf by providing written authorization.

11.8 Data Retention Policy

We retain personal information for three (3) years after account closure or the last interaction with our Service, whichever is later. Some information may be retained longer when required by law or for legitimate business purposes such as fraud prevention. You may request earlier deletion of your personal information subject to legal and operational limitations.

11.9 Cookies and Tracking Technologies

We use cookies, web beacons, and similar technologies to enhance your experience, analyze usage patterns, and deliver personalized content. You can control cookie settings through your browser, but disabling cookies may limit Service functionality. We honor “Do Not Track” signals where technically feasible.

11.10 International Data Transfers

If you access our Service from outside the United States, your personal information may be transferred to and processed in the United States where our servers are located. By using the Service, you consent to such transfers and acknowledge that U.S. privacy laws may differ from those in your jurisdiction.

11.11 Children’s Privacy Protection

We provide enhanced privacy protections for users under 18 years of age in compliance with CCPA requirements. We do not knowingly collect personal information from children under 13 without verifiable parental consent. Parents may review, delete, or refuse further collection of their child’s personal information by contacting us.

11.12 Privacy Policy Updates

We may update this Privacy Policy to reflect changes in our practices or applicable law. Material changes will be communicated through email or prominent notice on our Service at least 30 days before taking effect. Your continued use of the Service after changes become effective constitutes acceptance of the updated Privacy Policy.

 

12. INTELLECTUAL PROPERTY RIGHTS

12.1 Platform Intellectual Property Protection

The Service and all content, features, and functionality are owned by SneaksGeeks, LLC and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. This includes but is not limited to: (a) the SneaksGeeks name, logo, and branding; (b) website design, layout, and user interface; (c) software, algorithms, and technical systems; (d) proprietary databases and data compilations; and (e) marketing materials and business processes.

12.2 Limited License to Users

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended purposes. This license does not permit you to: (a) modify, copy, or create derivative works of our intellectual property; (b) reverse engineer or attempt to extract source code; (c) use our trademarks or branding without written permission; (d) frame or mirror any part of the Service; or (e) use automated systems to access or scrape our content.

12.3 User-Generated Content Rights and Licenses

You retain ownership of content you create and submit to the Service, including sneaker descriptions, photographs, reviews, and communications. However, by submitting content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to use, display, reproduce, modify, and distribute your content in connection with operating and promoting the Service.

12.4 Content Representation and Warranties

By submitting content to the Service, you represent and warrant that: (a) you own or have necessary rights to the content; (b) your content does not infringe any third-party intellectual property rights; (c) you have obtained all necessary permissions for any recognizable persons or property in photographs; (d) your content complies with applicable laws and these Terms; and (e) you have the authority to grant the licenses described herein.

12.5 Intellectual Property Infringement Claims

We respect the intellectual property rights of others and expect users to do the same. If you believe your intellectual property rights have been infringed, please contact us at support@sneaksgeeks.world with: (a) identification of the copyrighted work or intellectual property claimed to be infringed; (b) identification of the allegedly infringing material and its location on our Service; (c) your contact information and electronic signature; (d) a statement of good faith belief that the use is not authorized; and (e) a statement that the information is accurate and you are authorized to act on behalf of the rights owner.

12.6 Counter-Notification Process

If your content is removed due to an intellectual property claim and you believe the removal was erroneous, you may submit a counter-notification including: (a) identification of the removed content and its former location; (b) a statement under penalty of perjury that you have a good faith belief the content was removed by mistake; (c) your contact information and consent to jurisdiction; and (d) your physical or electronic signature. We may restore the content if no legal action is filed within 10 business days.

 

13. WEBSITE ACCESSIBILITY POLICY

13.1 Accessibility Commitment and Standards

SneaksGeeks is committed to ensuring that our Service is accessible to all users, including those with disabilities. We strive to comply with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards to provide an inclusive digital experience for all users.

13.2 Accessibility Features and Accommodations

Our Service includes the following accessibility features: (a) keyboard navigation compatibility for users who cannot use a mouse; (b) screen reader compatibility with proper heading structures and alt text for images; (c) sufficient color contrast ratios for users with visual impairments; (d) resizable text that can be enlarged up to 200% without loss of functionality; (e) clear and consistent navigation throughout the Service; and (f) descriptive link text and form labels.

13.3 Ongoing Accessibility Audits and Improvements

We conduct regular accessibility audits of our Service using both automated testing tools and manual evaluation by accessibility experts. These audits help us identify and address potential barriers to access. We prioritize accessibility improvements based on user impact and technical feasibility, with a goal of continuous enhancement of our accessibility features.

13.4 User Feedback and Accessibility Support

We welcome feedback from users about accessibility barriers or suggestions for improvement. If you encounter accessibility issues while using our Service, please contact us at support@sneaksgeeks.world with: (a) a description of the specific accessibility barrier; (b) the web page or feature where you encountered the issue; (c) the assistive technology you were using, if applicable; and (d) your contact information for follow-up. We will respond to accessibility feedback within five (5) business days.

13.5 Alternative Access Methods

For users who cannot access certain features of our Service due to accessibility barriers, we provide alternative methods to access information and complete transactions. These may include: (a) phone-based customer service for account management and purchases; (b) email-based communication for complex transactions; (c) alternative document formats upon request; and (d) human assistance for automated processes when needed.

13.6 Third-Party Content and Services

While we strive to ensure that all aspects of our Service are accessible, some third-party content, plugins, or embedded services may not meet our accessibility standards. We work with third-party providers to improve accessibility and will provide alternative access methods when possible. Users experiencing issues with third-party content should contact us for assistance.

13.7 Accessibility Policy Updates

We regularly review and update our accessibility practices to reflect evolving standards and user needs. Updates to this Accessibility Policy will be communicated through our standard notification procedures. We remain committed to maintaining and improving accessibility as technology and standards evolve.

 

14. LIMITATION OF LIABILITY AND DISCLAIMERS

14.1 Standard Commercial Liability Limitations

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SNEAKSGEEKS, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.2 Specific Exclusions for Third-Party Actions

We expressly disclaim liability for: (a) actions, omissions, or misconduct of other users of the Service; (b) the authenticity, quality, safety, or legality of sneakers listed by third-party sellers; (c) the accuracy of user-generated content, including product descriptions and reviews; (d) disputes between buyers and sellers; (e) unauthorized access to or alteration of your transmissions or data by third parties; (f) statements or conduct of any third party on the Service; and (g) any other matter relating to third parties or third-party content.

14.3 User-Generated Content Disclaimers

We do not endorse, warrant, or guarantee any user-generated content, including sneaker listings, reviews, or communications between users. All user-generated content represents the views and opinions of the individual users and not SneaksGeeks, LLC. Users rely on such content at their own risk, and we disclaim all liability for any harm resulting from user-generated content.

14.4 Service Availability and Performance Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

14.5 Maximum Liability Cap

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER. THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED.

14.6 Warranty Disclaimer Compliance

These disclaimers comply with the Magnuson-Moss Warranty Act (15 U.S.C. § 2301 et seq.) and California Commercial Code § 2316. Where applicable law prohibits limitation of implied warranties, our liability is limited to the duration and extent permitted by such law. Some jurisdictions do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so these limitations may not apply to you.

14.7 Gross Negligence Exception for Donation Services

Notwithstanding the above limitations, we remain liable for damages directly caused by our gross negligence or willful misconduct in connection with our sneaker donation pickup service. This exception applies only to physical damage or loss of donated sneakers caused by our employees’ or agents’ grossly negligent actions during the pickup process.

 

15. DISPUTE RESOLUTION AND ARBITRATION

15.1 Binding Arbitration Requirement

Any dispute, claim, or controversy arising out of or relating to this Agreement, the Service, or your relationship with SneaksGeeks, LLC shall be resolved exclusively through binding arbitration rather than in court, except as otherwise provided herein. This arbitration agreement is governed by the Federal Arbitration Act and applies to all claims regardless of the legal theory upon which they are based.

15.2 Individual Claims Only - Class Action Waiver

YOU AND SNEAKSGEEKS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

15.3 Arbitration Service Selection

Arbitration shall be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, or if AAA is unavailable, by JAMS under its Streamlined Arbitration Rules. The arbitration shall be conducted by a single arbitrator selected in accordance with the applicable rules. The arbitration shall take place in Los Angeles County, California, unless the parties agree to a different location or conduct the arbitration by telephone or video conference.

15.4 Arbitration Procedures and Costs

The arbitration shall be conducted in English and shall be limited to the dispute between you and SneaksGeeks. For claims under $10,000, we will pay all arbitration fees. For claims over $10,000, arbitration fees shall be allocated according to the applicable arbitration rules. Each party shall bear its own attorneys’ fees unless the arbitrator awards attorneys’ fees under applicable law.

15.5 Exceptions to Arbitration

The following disputes are not subject to arbitration: (a) disputes relating to the enforcement or validity of your or our intellectual property rights; (b) disputes that may be resolved in small claims court; (c) injunctive or other equitable relief necessary to protect intellectual property rights; and (d) disputes related to or arising from allegations of theft, piracy, invasion of privacy, or unauthorized use.

15.6 Arbitration Award and Enforcement

The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator may award any relief that would be available in court, including monetary damages, injunctive relief, and declaratory relief. The arbitrator shall not award punitive damages except where permitted by applicable law.

15.7 Severability of Arbitration Provisions

If any portion of this arbitration provision is deemed invalid or unenforceable, the remainder shall remain in effect, except that if the class action waiver is deemed invalid or unenforceable, the entire arbitration provision shall be null and void, and disputes shall be resolved in court subject to the jurisdiction and venue provisions below.

15.8 30-Day Right to Opt Out

You have the right to opt out of this arbitration provision by sending written notice to support@sneaksgeeks.world within thirty (30) days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of arbitration. If you opt out, you and we will not be bound by the arbitration provisions, but all other terms of this Agreement will remain in effect.

 

16. TERMINATION PROVISIONS

16.1 Termination by User

You may terminate your account and discontinue use of the Service at any time by: (a) sending written notice to support@sneaksgeeks.world; (b) following the account closure procedures in your account settings; or (c) ceasing to use the Service. Upon termination, you remain liable for all charges incurred prior to termination and must complete any pending transactions.

16.2 Termination by SneaksGeeks

We may suspend or terminate your account immediately, with or without notice, for any reason including but not limited to: (a) violation of these Terms or any applicable law; (b) fraudulent, abusive, or harmful behavior; (c) failure to pay fees or charges when due; (d) extended periods of inactivity; (e) requests by law enforcement or government agencies; or (f) technical or security issues that require immediate action.

16.3 Account Suspension Procedures

Before permanent termination, we may suspend your account temporarily to investigate potential violations or allow you to cure any breach. During suspension: (a) you cannot access your account or use the Service; (b) pending transactions may be held or cancelled; (c) you remain bound by these Terms; and (d) we will communicate the reason for suspension and any required corrective actions.

16.4 Effect of Termination on Data and Content

Upon account termination: (a) your access to the Service will cease immediately; (b) we may delete your account data and user-generated content after the retention period specified in our Privacy Policy; (c) you lose access to any unused coupon credits or account balances; (d) pending transactions will be completed or cancelled at our discretion; and (e) certain provisions of these Terms will survive termination as specified below.

16.5 Survival of Terms After Termination

The following provisions shall survive termination of your account or these Terms: (a) intellectual property rights and licenses; (b) liability limitations and disclaimers; (c) dispute resolution and arbitration provisions; (d) payment obligations for completed transactions; (e) data retention rights; and (f) any other provisions that by their nature should survive termination.

16.6 No Liability for Termination

We shall not be liable to you or any third party for termination of your account or access to the Service, except as expressly provided in these Terms or required by applicable law. Termination of your account does not relieve you of any obligations to pay outstanding fees or charges.

 

17. MODIFICATIONS AND UPDATES

17.1 Right to Modify Terms

We reserve the right to modify, update, or replace these Terms at any time in our sole discretion. Modifications may be necessary due to changes in law, business practices, Service features, or other operational considerations. We will make reasonable efforts to provide notice of material changes as described below.

17.2 Notice Requirements for Material Changes

For material changes to these Terms, we will provide notice by: (a) sending an email to the address associated with your account at least thirty (30) days before the changes take effect; (b) posting a prominent notice on our Website; (c) displaying an in-app notification when you next access the Service; or (d) other reasonable methods of communication. Material changes include modifications to dispute resolution procedures, liability limitations, or fundamental Service terms.

17.3 Continued Use Constitutes Acceptance

Your continued use of the Service after the effective date of any modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must discontinue use of the Service and may terminate your account as provided in the Termination section.

17.4 Non-Material Changes

For non-material changes such as clarifications, formatting updates, or minor operational adjustments, we may update these Terms without advance notice. We will update the “Last Modified” date at the top of these Terms to reflect when changes were made. We encourage you to review these Terms periodically to stay informed of any updates.

17.5 Version Control and Accessibility

We maintain version control of these Terms and will make previous versions available upon request for a reasonable period after updates. All versions of these Terms are accessible through our Website and will be provided in alternative formats upon request to accommodate users with disabilities.

 

18. MISCELLANEOUS PROVISIONS

18.1 Governing Law and Jurisdiction

These Terms and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. For any disputes not subject to arbitration, the exclusive jurisdiction and venue shall be the state and federal courts located in Los Angeles County, California, and you consent to personal jurisdiction in such courts.

18.2 Severability and Enforceability

If any provision of this Agreement, or any portion thereof, is held to be invalid, illegal, void, or unenforceable by any court or tribunal of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect to the maximum extent permitted by law. The parties agree that any such invalid, illegal, void, or unenforceable provision shall be modified and limited in its effect to the extent necessary to cause it to be enforceable, or if such modification is not possible, shall be deemed severed from this Agreement. In such event, the parties shall negotiate in good faith to replace any invalid, illegal, void, or unenforceable provision with a valid, legal, and enforceable provision that corresponds as closely as possible to the parties’ original intent and economic expectations. The invalidity or unenforceability of any provision in one jurisdiction shall not affect the validity or enforceability of such provision in any other jurisdiction.

18.3 Entire Agreement and Integration

This Agreement, including all policies incorporated by reference, constitutes the entire agreement between you and SneaksGeeks, LLC regarding the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, negotiations, representations, and warranties, whether written or oral, relating to such subject matter. No amendment, modification, or waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties.

18.4 Assignment and Transfer Rights

You may not assign, transfer, or delegate any of your rights or obligations under this Agreement without our prior written consent. Any attempted assignment in violation of this provision shall be null and void. We may freely assign, transfer, or delegate our rights and obligations under this Agreement in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets, or otherwise, with notice to you.

18.5 Waiver and Non-Waiver

Our failure to enforce any provision of this Agreement or to exercise any right hereunder shall not constitute a waiver of such provision or right. No waiver shall be effective unless in writing and signed by the party against whom the waiver is sought to be enforced. Any waiver of a breach of this Agreement shall not constitute a waiver of any subsequent breach.

18.6 Force Majeure

Neither party shall be liable for any failure or delay in performance under this Agreement that is due to fire, flood, earthquake, elements of nature, acts of God, acts of war, terrorism, riots, civil disorders, rebellions, or other causes beyond the reasonable control of such party, provided that such party uses reasonable efforts to notify the other party of such cause and to cure the delay.

18.7 Independent Contractors

The relationship between you and SneaksGeeks is that of independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, employment, or fiduciary relationship between the parties. Neither party has the authority to bind the other party or to incur obligations on behalf of the other party.

18.8 Notices and Communications

All notices required or permitted under this Agreement shall be in writing and shall be deemed given when: (a) delivered personally; (b) sent by confirmed facsimile; (c) sent by certified or registered mail, return receipt requested; or (d) sent by email to the addresses specified in this Agreement. Notices to SneaksGeeks should be sent to support@sneaksgeeks.world and 1150 S. Olive St., Los Angeles, CA 90015.

18.9 Headings and Interpretation

The headings in this Agreement are for convenience only and shall not affect the interpretation of any provision. The words “include,” “includes,” and “including” shall be deemed to be followed by the phrase “without limitation.” The singular shall include the plural and vice versa. The word “or” shall not be exclusive.

18.10 Electronic Signatures and Records

You consent to the use of electronic signatures and records for this Agreement and all related documents. Electronic signatures and records shall have the same legal force and effect as handwritten signatures and paper records. You agree that you will not contest the validity or enforceability of this Agreement based on its electronic form.

18.11 Compliance with Laws

You agree to comply with all applicable federal, state, and local laws, regulations, and ordinances in your use of the Service. This includes but is not limited to laws regarding consumer protection, privacy, intellectual property, and the sale of used goods. We reserve the right to suspend or terminate accounts for violations of applicable law.

18.12 Contact Information and Customer Service

For questions about these Terms, the Service, or to report violations, please contact us at:

SneaksGeeks, LLC

1150 S. Olive St. 

Los Angeles, CA 90015

Email: support@sneaksgeeks.world

Website: www.SneaksGeeks.World

 

ACKNOWLEDGMENT

BY CLICKING “I ACCEPT,” CREATING AN ACCOUNT, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AGREEMENT.

Last Modified: [YEAR]