SOCK FANCY TERMS OF SERVICE, USE AND PURCHASE
Welcome to Sock Fancy! This website located at www.sockfancy.com (this “Site”) is owned and operated by Sock Fancy, LLC,. Sock Fancy provides website features and other products and services to you when you visit, shop or purchase items from this Site, access this Site from your mobile devices, or use software provided by Sock Fancy in connection with any of the foregoing (collectively, “Sock Fancy Services”). Sock Fancy provides its products and services subject to these Terms of Service.
By using the Sock Fancy Services, you agree to these conditions. Please ready them carefully.
By accessing or using this Site, mobile application or other Sock Fancy product or service on any computer, mobile phone, tablet, console or other device (collectively, “Device”), you acknowledge and agree that you have read, understand and agree to be bound by these Terms of Service and any other applicable law, whether or not you are a registered member of Sock Fancy. You must be at least 18 years old to use this Site or Services. Sock Fancy may change these Terms of Service at any time without notice. When we make changes, we will post them here. Your continued use of the Sock Fancy Services or enrollment as a Sock Fancy Member shall be considered your acceptance to the revised Terms of Service. If you do not agree to these Terms of Service, please do not use this Site or any Sock Fancy Services and immediately cancel your Sock Fancy Membership by calling one of our customer service representatives at 470-440-3591, emailing us at firstname.lastname@example.org or simply by visiting your account page at www.sockfancy.com/my-account.
When you use any Sock Fancy Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site or through the other Sock Fancy Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
SOCK FANCY SUBSCRIPTION
SOCK FANCY SUBSCRIPTION PROGRAM (“Sock Game on Autopilot”)
Sock Fancy offers subscribers the opportunity to participate in its monthly or quarterly subscription program (the “Sock Game on Autopilot”). To become a Sock Fancy Member, simply purchase any Sock Fancy subscription provided on this Site or through an applicable Service and you will be automatically enrolled in the Sock Game on Autopilot Program (including the monthly, or quarterly automatic purchase renewal feature). As a Sock Fancy subscriber, our experts will send you a customized selection of Sock Fancy socks on the purchase date and every renewal purchase day of every month, coinciding with your payment schedule. You will also receive emails, newsletters, special offers and other updates to maximize your shopping experience. As a valued Sock Fancy Subscriber, you will enjoy exclusive Sock Fancy Member-only pricing and dedicated promotions. You may cancel your Sock Fancy Subscription by calling one of our customer service representatives at 470-440-3591, emailing us at email@example.com or simply by visiting your account page at www.sockfancy.com/my-account.
HOW A SOCK FANCY SUBSCRIPTION WORKS
Upon enrollment in the subscription program, you will receive new monthly shipments of socks on the date of purchase and every month thereafter on your coinciding purchase renewal date. You must make a purchase or log into your account and select the ‘Cancel’ or ‘Suspend’ options at least 48 hours prior to your purchase renewal date. If you do not cancel or pause your subscription prior to this window your credit card may be charged your monthly membership fee equal to the ‘recurring total’ outlined in your initial purchase agreement. You may cancel your Sock Fancy Membership by calling one of our customer service representatives at 470-440-3591, emailing us at firstname.lastname@example.org or simply by visiting your account page at www.sockfancy.com/my-account. You may ‘Suspend’ as many months as you like, there is no obligation to buy. Even if you decide to ‘Suspend’ any month, you may return to your Account at any time to make a purchase or continue your subscription.
You may cancel your Sock Fancy Membership Account at any time. If you wish to cancel your Account, simply call our customer service representatives at 470-440-3591 from 12pm to 7 pm (EST), Monday through Friday. There is no cancellation fee.
SOCK FANCY “PAY ONCE OPTION”
Shipping is FREE worldwide.
Your first month is processed within one business day. Subscriptions shipping to the United States usually take 7-10 business days to arrive from the ship date. International orders may take up to 3 weeks to arrive. For each month after, you can expect your socks to arrive at roughly the same time every month. International delivery times vary, but usually take 3-4 weeks for your first pair top arrive due to many variables out of our control. Additionally, to get the international shipping cost down so low we are unable to provide tracking information. But if you are having trouble with your shipment, don’t hesitate to get in touch at email@example.com
PLEASE NOTE: Our shipping deadline is the 20th of each month. If your order is processed after that, your subscription will roll over and begin the following month.
As soon as your order ships, you will be provided with a tracking number via email.
RETURNS & EXCHANGES
Sock Fancy strives to provide an amazing shopping experience and superior customer service. If for any reason you are not content with your order, we gladly accept returns and exchanges for all orders within 30 days from the date of shipment and in new, unused condition with original packaging. You will responsible for all return and exchange shipping costs.
Accessories must be returned with all pieces included and intact, and apparel must also be returned unworn, with all tags still attached.
Sock Fancy offers and easy exchange options: Simply ship your unused socks back to our warehouse, located at 670 Memorial Dr SE STE B, Atlanta Georgia 30312, and upon arrival we will reship you pre-selected pair of socks. You will be responsible for the cost of shipping your original pair back to our warehouse.
Lead times and estimated delivery dates are determined by product specifications and the Manufacturer selected. Estimation of lead time begins from the point of approved pre-production samples and order acceptance by Sock Fancy and may differ from the listed values in the Sock Fancy pricing sheet.
We may provide you an estimated delivery window at the time you place an order. Your order may be subject to delays that are outside of our control that may alter the estimated delivery date. Sock Fancy will not be responsible for any financial consequences for delays, but will make every reasonable effort to mitigate delays, manage issue resolution with the Manufacturer and the Carrier to provide solutions.
Sock Fancy is required by law to collect sales tax on orders shipped to Georgia. If your order is shipping to Georgia, the appropriate charges will be added to your merchandise total and displayed on your final order confirmation. Sock Fancy reserves the right to collect sales tax in any other jurisdictions if Sock Fancy believes that such collection is required by law.
To make purchases through the Sock Fancy Site or to become a Sock Fancy Member you must submit credit card information. You represent and warrant to Sock Fancy that such information is true and that you are authorized to use the payment instrument. You will promptly update your Account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You authorize Sock Fancy to use any updated credit card information submitted by your credit card company directly to Sock Fancy . If you dispute any charges, you must inform Sock Fancy within thirty (30) days upon receipt of Sock Fancy’s invoice. We reserve the right to change Sock Fancy prices and fees. Your continued use of the Sock Fancy Services after the price change becomes effective constitutes your agreement to pay the changed amount.
Gift card vouchers are limited to one per customer. Gift cards purchased from unauthorized marketplaces may be refused. Sock Fancy reserves the right to decline unauthorized Gift Card vouchers.
ACCOUNT CONFIDENTIALITY AND ACCESS
You are solely responsible for maintaining the confidentiality of your Account, all activities occurring under your Account and all access to and use of the Sock Fancy Services by anyone using your Account, whether or not such activities and access are actually authorized by you, including but not limited to all communications, transactions and obligations. You agree to accept responsibility for all activities that occur under your account and password. Sock Fancy shall not be liable or responsible for any loss or damage arising from any unauthorized use, access or any other breach of security of your Account, including but not limited to your member sign-in password and email address. You acknowledge and accept that your use of the Sock Fancy Services is in compliance with these Terms of Service. You further acknowledge and accept that Sock Fancy shall have no obligation to investigate the authorization or source of any Account activity, including purchase activity following a proper log-in to this Site or any Services, which is defined as a matching and current member sign-in and user password. You shall notify Sock Fancy immediately of any unauthorized access to your Account or any other unauthorized use of any Sock Fancy Services.
You agree that Sock Fancy may, without prior notice, immediately terminate, limit your access to or suspend your Account based on any of the following: (a) breach or violation of these Terms of Service; (b) upon request by law enforcement; (c) unforeseeable technical or security issues or problems; (d) extended periods of inactivity; or (e) fraudulent, deceptive or illegal activity, or any other activity which Sock Fancy believes is harmful to its business interests; or (f) for no reason. You agree that any termination, limitation of access and/or suspension shall be made in the Sock Fancy’s sole discretion and that Sock Fancy shall not be liable to you or any third party for the termination, limitation of access and/or suspension of your Account.
Any and all Sock Fancy Services may be used only for lawful purposes and are available only for your personal, noncommercial use, which shall be limited to viewing this Site, purchasing products, providing information to Sock Fancy , and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications. Sock Fancy specifically prohibits any use of the Sock Fancy Service, and requires all users to agree not to use the Sock Fancy Services, for any of the following:
• Posting any information which is incomplete, false, inaccurate or not your own;
• Creating multiple accounts for the same user;
• Accessing data not intended for you or logging on to a Sock Fancy server or account, which you are not authorized to access;
• Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol;
• Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
• Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner;
• Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another;
• Communicating, transmitting, or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws;
• Attempting to interfere in any way with this Site’s network security, or attempting to use this Site’s service to gain unauthorized access to any other computer system;
• Communicating, transmitting, or posting material that is in violation of applicable laws or regulations;
• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
• Attempting to interfere or interfering with the operation of this Site, Sock Fancy’s provision of services to any other visitors to this Site, Sock Fancy hosting provider or networks, including, without limitation, via means of submitting a virus to this Site, overloading, “flooding”, “mailbombing” or “crashing” this Site;
• Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to this Site.
Any and all content, comments, feedback, suggestions, ideas, concepts, photos, questions or other communications (collectively, “User Content”) that you submit or post through any Sock Fancy Services shall be deemed non-confidential and non-proprietary. By submitting or posting any User Content, you grant to Sock Fancy and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, create derivative works from, distribute, reproduce, display, or use the User Content in any commercial or non-commercial manner whatsoever. Sock Fancy will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. Sock Fancy shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content, or respond to any User Content. Sock Fancy retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason.
By connecting to Sock Fancy with a third-party service (e.g., Facebook or Twitter), you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
If you utilize your Facebook account to access and use the social features available through the Sock Fancy Services, you can choose whether or not you wish to share content or information related to your Account on Facebook. You agree that Sock Fancy is not responsible for any content or information related to your Account once it is shared and posted on Facebook. If you use the Sock Fancy Services and its social features, you agree to respect other users of the Sock Fancy Services in your interactions with them. Sock Fancy reserves the right, in its absolute discretion, to disable your account if it believes that you are violating any term or condition set forth herein.
By submitting User Content, you represent and warrant that the User Content does not (i) contain false or misleading information, (ii) infringe on the intellectual property rights of any third party, (iii) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing content, (iv) contain any addresses, email addresses, phone numbers or any contact information, or (v) contain computer viruses, worms or other harmful files. You are solely responsible for the User Content and you hereby agree to indemnify and hold Sock Fancy and its employees, agents and affiliates harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
Prices, descriptions and availability of products are subject to change without notice. Errors may be corrected when discovered, and Sock Fancy reserves the right to revoke any stated offer in order to correct any errors or inaccuracies. Although Sock Fancy has made every effort to display our products and their colors as accurately as possible, the displayed colors of the products depend upon the monitor of the user, and Sock Fancy cannot guarantee that the user’s monitor will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. Sock Fancy is not responsible for typographical errors regarding price or any other matter.
All orders placed through any Sock Fancy Services are subject to Sock Fancy’s acceptance. This means that Sock Fancy may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, Sock Fancy will issue you a refund.
All content, graphics, text, code and software used on or incorporated into this Site and/or any Sock Fancy Service, and the arrangement or integration of all such content, graphics, code and software, are subject to copyrights held by or licensed to Sock Fancy and all rights thereto are specifically reserved. As between you and Sock Fancy , (or any other company whose marks appear on any of the Sock Fancy Services), Sock Fancy (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on any of the Sock Fancy Services, and is the copyright owner or licensee of the materials and content contained therein, unless otherwise indicated. The Sock Fancy logos, designs, titles, phrases, product names, photographs, images, videos and content and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “ Intellectual Property”) are owned by Sock Fancy and may be registered in the United States and internationally. You agree not to display or use the Sock Fancy Intellectual Property in any manner without Sock Fancy ’ prior written permission. Nothing contained on this Site or in any of the Sock Fancy Services should be construed to grant any license or right to use any Sock Fancy Intellectual Property without the prior written consent of Sock Fancy.
Except as otherwise provided herein, use of the Sock Fancy Services does not grant you a license to any materials, content or features you may access on this Site or via the Sock Fancy Services and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such materials and content, features or materials, in whole or in part. Any commercial use of the Sock Fancy Services is strictly prohibited, except as otherwise approved by us. You may not download or save a copy of any of the materials and content or screens for any purpose except as otherwise provided by Sock Fancy . If you make use of the Sock Fancy Services, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information contained in the Sock Fancy Services including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Sock Fancy publishes information within the Sock Fancy Services as a convenience to its visitors. While Sock Fancy attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Sock Fancy Services at any time without notice. The Sock Fancy products described in the Sock Fancy Services may not be available in your region. Sock Fancy does not claim that the information on this Site is appropriate to your jurisdiction or that the products described in the Sock Fancy Services will be available for purchase in all jurisdictions.
YOUR USE OF THE SOCK FANCY SERVICES ARE AT YOUR SOLE RISK. THE Sock Fancy SERVICES AND THE PRODUCTS OFFERED THROUGH THE SOCK FANCY SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SOCK FANCY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT-ABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SOCK FANCY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THE OPERATION OF THIS SITE OR ANY OF THE Sock Fancy SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR AS TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, OR ANY OF THE Sock Fancy SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE, UNLESS OTHERWISE SPECIFIED IN WRITING.
SOCK FANCY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE Sock Fancy SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH Sock Fancy , INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF Sock Fancy HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOCK FANCY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE SOCK FANCY SERVICES ISSUED AGAINST YOU BY THIRD PARTY FINANCIAL INSTITUTIONS SUCH AS BANKS OR CREDIT CARD COMPANIES. Sock Fancy SHALL NOT BE LIABLE FOR ANY OVERDRAFT, LATE OR ANY OTHER CHARGES ISSUED AGAINST YOU BY A BANK OR CREDIT CARD.
CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SOCK FANCY SERVICES, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE Sock Fancy SERVICES. IF A PRODUCT OFFERED THROUGH THE Sock Fancy SERVICES IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN ACCORDANCE WITH THE RETURN POLICY SET FORTH IN DETAIL IN THESE TERMS OF SERVICE.
Sock Fancy makes no warranties of any kind regarding any third party sites to which you may be directed or hyperlinked from the Sock Fancy Services. Hyperlinks are included solely for your convenience, and Sock Fancy makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such third party sites. Sock Fancy does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties through the Sock Fancy Services.
INDEMNITY AND RELEASE
You agree to indemnify and hold Sock Fancy and its parent, subsidiaries, affiliates, officers, agents and employees harmless from any and all liabilities, claims, demands, actions, suits, losses, obligations, judgments, proceedings, damages, expenses and costs (including reasonable attorneys’ fees), based upon, arising from or related to (a) information or content submitted, transmitted or otherwise made available on or through the Sock Fancy Services by you or any other person accessing the Sock Fancy Services using your Account; (b) the use of, or connection to, the Sock Fancy Services by you or any other person accessing this Site using your Account (including negligent or wrongful conduct); or (c) your breach or attempted breach of these Terms of Service.
DISPUTES AND DISPUTE RESOLUTION
Use of the Sock Fancy Services, membership in the Sock Fancy Membership Program, any purchases made through the Sock Fancy Services, and any controversy, claim or dispute arising out of or relating in any way to your use of the Sock Fancy Services, your membership in or purchases through the Sock Fancy Services, Sock Fancy Membership Program and/or your Account, or products purchased through the Sock Fancy Services shall be governed by the laws of your home state of residence without respect to its choice (or conflict) of laws rules.
Any claim or cause of action you may have with respect to Sock Fancy or the Sock Fancy Services must be commenced within one (1) year after the claim or cause of action arose.
CLASS ACTION WAIVER
Both you and Sock Fancy waive the right to bring any controversy, claim or dispute arising out of or relating in any way to your use of the Sock Fancy Services, your membership in or purchases through the Sock Fancy Membership Program and/or your Account, or products purchased through the Sock Fancy Services as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else. (This waiver, and the similar waiver specified for arbitration proceedings, are generally referred to herein as “the class action waiver.”)
Jurisdiction and venue for any dispute shall be in Atlanta, Georgia. Each party submits to personal jurisdiction and venue in that forum for any and all purposes.
AGREEMENT TO PRE-ARBITRATION NOTIFICATION
These Terms of Service provide for final, binding arbitration of all disputed claims (discussed immediately below). Sock Fancy and you agree, however, that it would be advantageous to discuss and hopefully resolve any disputes before arbitration proceedings or any other proceedings authorized herein are initiated. In the event of a dispute, the claimant whether you or Sock Fancy shall send a letter to the other side briefly summarizing the claim and the request for relief. If Sock Fancy is the claimant, the letter shall be sent, via email, to the email account listed in your Account. If the dispute is not resolved within 60 days after the letter is sent, the claimant may proceed to initiate arbitration proceedings or any other proceedings authorized herein.
AGREEMENT TO ARBITRATE CLAIMS
Except to the limited extent noted below, use of the Sock Fancy Services, membership in the Sock Fancy Membership Program, any purchases made through the Sock Fancy Services, and any controversy, claim or dispute arising out of or relating in any way to your use of the Sock Fancy Services, your membership in or purchases through the Sock Fancy Membership Program, or products purchased through the Sock Fancy Services shall be resolved by final and binding arbitration between you and Sock Fancy.
The arbitration shall take place in Atlanta, Georgia in accordance with the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures of the American Arbitration Association. Unless either party or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will make an award based only on the documents. This is called a Desk Arbitration. If any party makes a written request for a hearing within ten days after the American Arbitration Association acknowledges receipt of a claimant’s demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in a telephone hearing. In no event shall the parties be required to travel to Atlanta to participate in the arbitration.
If you decide to commence arbitration, the provider will require you to pay a filing fee (which currently is $125 for claims under $10,000). If your filing fee is more than $125, Sock Fancy will reimburse you for any excess fee promptly after it receives notice of your arbitration. If the arbitrator ultimately rules in your favor, Sock Fancy will also reimburse you for the $125 base filing fee.
If the arbitrator rules in your favor in any respect on the merits of your claim and issues you an award that is greater than the value of Sock Fancy ‘ last written settlement offer made before an arbitrator was selected (or greater than zero if no offer was made), then Sock Fancy will pay you the amount of the award or $350, whichever is greater (in addition to reimbursing you for the base filing fee).
This arbitration agreement is subject to the Federal Arbitration Act and is enforceable pursuant to its terms on a self-executing basis. Either party may seek enforcement of this provision in any court of competent jurisdiction.
The arbitrator shall determine any and all challenges to the arbitrarily of a claim. The arbitrary award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitrary award. Either party may seek confirmation (judgment on the award) and/or enforcement in any court of competent jurisdiction.
Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, and with the exception of Desk Arbitrations, the Federal Rules of Evidence shall govern the admissibility of evidence in any arbitrary proceeding.
Both you and Sock Fancy waive the right to bring any claim covered by this dispute resolution provision as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else.
Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.
If a proposed class, consolidated, representative, collective, or private attorney general action arbitration is initiated notwithstanding the above prohibition and it is finally determined by the arbitrator (or a court of competent jurisdiction) that the waiver specified herein is not enforceable, then the arbitration proceedings shall be bifurcated as follows and notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary: 1. The issue of arbitrability shall be determined by the Arbitrator pursuant to the applicable rules and substantive law. 2. Assuming the Arbitrator concludes that the arbitration may proceed, said arbitration shall be stayed, and the issue of whether to certify any alleged or putative class for a class action (or other representative) proceeding shall be presented to and decided by a court of competent jurisdiction. The arbitrator shall not have authority or jurisdiction to decide class certification (or any similar representative action) issues. The decision to certify or not certify a class action (or to otherwise permit the action to proceed on a representative basis) shall be appeal-able in the judicial proceedings consistent with the rules and law governing the appeals of interlocutory decisions or class certification (or similar) rulings specifically, if appropriate. 3. Once any issues regarding class certification (and/or similar representative requirements) have been finally decided by the court, the arbitrator will have authority to decide the substantive claims on an individual or a class (or other representative) basis, as may be determined and directed by the court.
The arbitrator(s) shall not have the power to commit errors of law or legal reasoning, make clearly erroneous factual findings, or abuse his or her discretion, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.
OPTING-OUT OF DISPUTE RESOLUTION PROCEDURE AND CLASS ACTION WAIVER
You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in these Terms of Service by doing the following: within 15 days of setting up your Account, you must send a letter to Sock Fancy , LLC., c/o Legal Department, 670 Memorial Dr SE STE B, Atlanta Georgia, 30312, that specifies (1) your name, (2) your account number or account member name, (3) your mailing address, and (4) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in these Terms of Service. All other Terms shall continue to apply to your Account, including the requirement to participate in pre-dispute mediation. Notwithstanding any provision in these Terms of Service to the contrary, we agree that, if Sock Fancy makes any future change to the dispute resolution procedure and class action waiver provisions (other than a change to Sock Fancy ‘ address), you may reject any such change by sending a letter to Sock Fancy within 15 days of the change to the address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision. Your letter must be postmarked by the applicable 15-day deadline to be effective. You are not required to send the letter by confirmed mail or return receipt requested, but it is recommended that you do so. Your request to be excluded will only be effective and enforceable if you can prove that the request was postmarked within the applicable 15-day deadline.
NOTICE FOR CALIFORNIA USERS
Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal customer information Sock Fancy shares with third parties or corporate affiliates for those third parties or corporate affiliates’ direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: Sock Fancy, 670 Memorial Dr SE STE B, GA, 30312. In your request, please specify that you want a “Your Sock Fancy California Privacy Rights Notice”. Please allow 30 days for a response.
These Terms of Service constitute the entire agreement between you and Sock Fancy and govern your use of the Sock Fancy Services, and they supersede any prior agreements between you and Sock Fancy . You also may be subject to additional terms and conditions that are applicable to certain parts of the Sock Fancy Services. Sock Fancy may terminate this Agreement and deny you access to the Sock Fancy Services at any time, immediately and without notice, if in Sock Fancy’s sole discretion you fail to comply with any provision of these Terms of Service.
You agree that no joint venture, partnership, employment, or agency relationship exists between Sock Fancy and you as a result of this Agreement or your use of the Sock Fancy Services.
The failure of Sock Fancy to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms of Service shall not affect the enforce-ability of those portions of the Terms deemed enforceable by applicable courts of law.
You may not assign the Terms or any of your rights or obligations under the Terms without Sock Fancy’s express written consent. The Terms inure to the benefit of Sock Fancy’s successors, assigns and licensees. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
Updated: March 10, 2018