1. The Sneakers Zone is a Venue
The Sneakers Zone acts as a venue to allow users who comply with The Sneakers Zone policies to offer, sell and buy certain goods within a fixed-price format. The Sneakers is not directly involved in the transaction between buyers and sellers. As a result, The Sneakers Zone has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. The Sneakers Zone does not pre-screen users or the content or information provided by users. The Sneakers Zone cannot ensure that a buyer or seller will actually complete a transaction. Consequently, The Sneakers Zone does not transfer legal ownership of items from the seller to the buyer. The Sneakers Zone cannot guarantee the true identity, age, and nationality of a user. The Sneakers ZOne encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification. You agree that The Sneakers Zone is a venue. The Sneakers Zone shall provide you with the “Service” which is a proprietary Internet-based Software as a Service (“SAAS”) system that facilitates the trade between sellers and buyers of product. And as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on The Sneakers Zone. You use the The Sneakers Zone service at your own risk.
2. Membership Eligibility
3. Fees and Billing
Joining and setting up a shop on The Sneakers Zone is free. The Sneakers Zone does not charge fees for listing an item for sale. We simply charge an 5% commission fee only when an item is sold. Changes to the Fees Policy and the fees for The Sneakers Zone services are effective after The Sneakers Zone provides you with at least fourteen (14) days' notice by posting the changes on the Site. However, The Sneakers Zone may choose to temporarily change the Fees Policy and the fees for The Sneakers Zone services for promotional events (for example, free listing days); such changes are effective when The Sneakers Zone posts the temporary promotional event on the Site. The Sneakers Zone may, at The Sneakers Zone sole discretion, change some or all of The Sneakers Zone services at any time. In the event The Sneakers Zone introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD). In certain situations, including but not limited to a void or invalid transaction, The Sneakers Zone may issue a credit for the applicable fees to a seller's billing statement. You are responsible for paying all fees and applicable taxes associated with using The Sneakers Zone. The Sneakers Zone will send an invoice to the seller’s email address on file detailing the amount due for the prior month’s commissions. The seller must pay the amount due in full within 15 days of the date of the invoice, or the account will be considered past due. Fees and Termination: If The Sneakers Zone terminates a listing or your account, if you close your account, or if the payment of your The Sneakers Zone fees cannot be completed for any reason, you remain obligated to pay The Sneakers Zone for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact The Sneakers Zone.
4. Listing and Selling
Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with The Sneakers Zone published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your The Sneakers Zone shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing. Shop Policies: All sellers are urged to outline shop policies for their The Sneakers Zone shop. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with The Sneakers Zone site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. The Sneakers Zone reserves the right to request that a seller modify a shop policy. Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance. Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding The Sneakers Zone transaction fees, misrepresent the item's location, or use another user's account without permission.
5. Prohibited, Questionable and Infringing Items and Activities
7. Information Control
The Sneakers Zone does not control the Content provided by users that is made available on The Sneakers Zone. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using The Sneakers Zone, you agree to accept such risks and that The Sneakers Zone (and The Sneakers Zone officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on The Sneakers Zone. Please use caution, common sense, and practice safe buying and selling when using The Sneakers Zone. Other Resources: The Sneakers Zone is not responsible for the availability of outside websites or resources linked to or referenced on the Site. The Sneakers Zone does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that The Sneakers Zone shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
Users may arrange and attend online virtual meetings or in-person meetings ("Meetings") with one or more individuals. Users are solely responsible for interactions with others. Users must comply with The Sneakers Zone policies and acknowledge and agree to comply with the laws of the city, county and country in which the Meeting occurs. Additional eligibility requirements for a particular group or Meeting may be set by the group's contact person. The Sneakers Zone is not involved with user generated groups, the groups' requirements, or the Meetings. The Sneakers Zone does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand that The Sneakers Zone does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person. Groups or User Fees: Some user-generated groups on The Sneakers Zone may require or request that users pay fees in order to be a member of the group, participate in a promotion, or participate in Meetings. The Sneakers Zone IS NOT INVOLVED IN THE TRANSACTIONS, THE PAYMENTS OR THEIR PROCESSING. THE PAYMENT DOES NOT GO TO The Sneakers Zone; THIS MONEY IS SEPARATE FROM ANY FEES OR CHARGES ASSESSED BY The Sneakers Zone, AND The Sneakers Zone HAS NO CONTROL OVER THE MONEY, THE USER-GENERATED GROUPS, PROMOTIONS, THE MEETINGS, OR THE LEADER OF THE GROUP IN CONNECTION WITH ITS USE. YOU ACKNOWLEDGE AND AGREE THAT The Sneakers Zone IS NEITHER INVOLVED NOR A PARTY IN ANY PAYMENT, TRANSACTION OR INTERACTION BETWEEN OR AMONG USER-GENERATED GROUPS, The Sneakers Zone USERS AND/OR THIRD PARTIES (together a "Third Party Transaction"), AND THAT YOU BEAR ALL RISK IN CONNECTION WITH YOUR THIRD PARTY TRANSACTIONS. Users should use common sense and be careful in deciding whether to contribute money.
9. Resolution of Disputes and Release
In the event a dispute arises between you and The Sneakers Zone, please contact The Sneakers Zone. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Howard County, Maryland, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Southern District of Maryland. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and The Sneakers Zone agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Should you have a dispute with one or more users, or an outside party, you release The Sneakers Zone (and The Sneakers Zone officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. The Sneakers Zone encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable. The Sneakers Zone, for the benefit of users, may try to help users resolve disputes. The Sneakers Zone does so in The Sneakers Zone sole discretion, and The Sneakers Zone has no obligation to resolve disputes between users or between users and outside parties. To the extent that The Sneakers Zone attempts to resolve a dispute, The Sneakers Zone will do so in good faith based solely on The Sneakers Zone policies. The Sneakers Zone will not make judgments regarding legal issues or claims.
10. The Sneakers Zone Intellectual Property
The Sneakers Zone, and other The Sneakers Zone graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of TheSneakersZone.LLC LLC. in the U.S. and/or other countries. The Sneakers Zone trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
11. Access and Interference
14. No Warranty
The Sneakers Zone, The Sneakers Zone SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND The Sneakers Zone SUPPLIERS PROVIDE The Sneakers Zone WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. The Sneakers Zone, The Sneakers Zone SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND The Sneakers Zone SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM The Sneakers Zone SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
15. Liability Limit
IN NO EVENT SHALL The Sneakers Zone, AND (AS APPLICABLE) The Sneakers Zone SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR The Sneakers Zone SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, The Sneakers Zone SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. The Sneakers Zone LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF The Sneakers Zone SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO The Sneakers Zone IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD The Sneakers Zone AND (AS APPLICABLE) The Sneakers Zone PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
18. Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any The Sneakers Zone service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on The Sneakers Zone net income).
21. The Sneakers Zone Services
Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Meetings, Groups or User Fees), 9 (Resolution of Dispute and Release), 10 (The Sneakers Zone Intellectual Property), 11 (Access and Interference), 12 (Breach), 13 (Privacy), 14 (No Warranty), 15 (Liability Limit), 16 (Indemnity), 17 (No Guaranty), 19 (Severability), 20 (No Agency), 22 (Choice of Law) shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to The Sneakers Zone; Attn: Legal Department; Box 137 Savage, Maryland 20763 (in the case of The Sneakers Zone) or, in your case, to the email address you provide to The Sneakers Zone (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, The Sneakers Zone may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to The Sneakers Zone. In such case, notice shall be deemed given three days after the date of mailing. For issues with intellectual property, please provide the notice as specified in The Sneakers Zone Copyright and Intellectual Property Policy.
The services hereunder are offered by TheSneakersZone.LLC LLC., Po Box 137 Savage MD 20763. If you are a Maryland resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information. Effective Date: Jan 20, 2015 - Updated: Feb 5, 2020 The Sneakers Zone reserves the right to alter these policies at any time.