Terms of Use

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

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

If you are using this Site for items outside of the United States, then further international terms, located at https://www.Got’Em/int-order.html, may apply to you and are incorporated herein by reference.

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

WARRANTY DISCLAIMER

All information contained on this Site, including product descriptions and pricing, is provided as is, with no guarantees or warranties of any kind, expressed or implied, including, but not limited to, merchantability, fitness for a particular purpose, data accuracy, system integration, or the reliability, timeliness or completeness of information on this Site. Got’Em assumes no responsibility for any errors or omissions contained herein.

LIMITATION OF LIABILITY

By accessing this Site, you agree to hold Got’Em, its affiliates, employees, agents, or third party content providers free from liability for any loss resulting from any information or content on this Site, or the use or unavailability thereof, including lost or damaged data, or any direct, indirect, special, consequential, compensatory or incidental damages. You also agree to hold Got’Em, its affiliates, employees, agents, or third party content providers free from liability for any damage or injury resulting from telecommunications errors, computer viruses, loss or breach of data, or other malicious code or programs resulting from use of this Site.

Using Got’Em constitutes your acceptance that Got’Em, its affiliates, employees, agents, or third party content providers are not liable for unauthorized access or use of your personally identifying information, or for tortious, negligent, or criminal acts of other users. By using this Site you accept responsibility for any damage to your equipment, hardware, other property, or any personal injury arising through use of this Site, and agree to indemnify and otherwise hold harmless Got’Em, its affiliates, employees, agents, or third party content providers against any cause of action or claim, including legal fees, related to your use of this Site.

In no event shall any of Got’Em or its affiliates be liable to you or any other person or entity for any claims proceedings, liabilities, obligations, damages, losses or costs in an amount in excess of: (i) the price of the item you purchased, if any or, if none, (ii) five hundred dollars ($500). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

LIMITATIONS OF USE

You further agree that you will not, under any circumstances, do or attempt to do any of the following:

duplicate, decompile, reverse engineer, disassemble or decode the Site (including any underlying idea or algorithm);
use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Site to monitor, extract, copy or collect information from or through the Site;
use the Site in any manner that could disable, overburden, damage, disrupt or impair the Site or interfere with any other party’s use of the Site;
introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; or
violate any applicable law or regulation or third party’s rights in connection with your use of the Site.

COPYRIGHTS AND TRADEMARKS

All content on this Site, including images, graphics, text, button icons, and software is owned by Got’Em. You may not copy, reproduce, modify, publish, upload, post, transmit, or distribute Site content, including framing Got’Em content on other websites, without prior written consent from Got’Em.

SNEAKERHEAD®, including “Got’Em,” associated logos and trade names are trademarks of Got’Em and its affiliates. Using any Got’Em trademark, including the use of metatags or any other hidden text utilizing SNEAKERHEAD or any other trademark or trade name owned by Got’Em or its affiliates is prohibited without the prior written consent of Got’Em. Got’Em owns all trademark rights in the look and feel of this Site, including page headers, custom graphics, button icons and scripts. All trademarks appearing on this Site, not owned by Got’Em or its affiliates, are the property of their respective owners.

PRIVACY POLICY

Got’Em is committed to protecting its users’ privacy. Please refer to our Privacy Policy for information on our user information collection, use and disclosure policies.

USER ACCOUNTS

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

You may be required to create a personal account to access features or areas of this Site. When creating an account, you agree to provide accurate and complete information. You are solely responsible for any and all uses of your account, and agree to keep your password secure. You agree never to use another user’s account, and agree to notify Got’Em immediately of any suspected unauthorized account use. Although Got’Em will not be liable for any unauthorized use of your account, you may be liable for losses incurred by Got’Em or others due to such unauthorized use.

SNEAKERHEAD+ MEMBERSHIP TERMS

SNEAKERHEAD+ membership is a paid membership fee program. Enrollment fees are non-refundable once paid.

Free two (2) day shipping under the SNEAKERHEAD+ program is limited to the first year of membership, calculated from the date of online enrollment and payment of fees, and is limited to purchases of $50.00 or more. Free two (2) day shipping is available only in the United States and its territories, and is not available for shipments to APO/FPO addresses, P.O. Boxes or international destinations.

Got’Em does not keep payment methods of SNEAKERHEAD+ members on file, and membership does not auto renew. SNEAKERHEAD+ members are responsible for renewing their SNEAKERHEAD+ membership to continue receiving member benefits.

GIFT CARD TERMS AND CONDITIONS

These terms and conditions apply to all Sneakerhead Gift Cards (“Gift Cards”). By purchasing, using, or accepting Gift Cards you accept these terms and conditions (“Terms and Conditions”). Devicom International, Inc., doing business as Got’Em (“Got’Em”), reserves the right to interpret, modify, or terminate the Terms and Conditions with or without notice. The most recent Terms and Conditions will always be posted on the Got’Em website at www.Got’Em. Gift Cards may not be redeemed for cash unless otherwise required by law.

Payment

You may use a Gift Card to pay for the full value or part of the value of your selected item(s). If your purchase online is not completely covered by the balance of your Gift Card, you must use an accepted alternate form of payment to complete the purchase. Any unused balance of the underlying funds of a Gift Card after a purchase is made will remain on that Gift Card for future purchases.

Purchase

No promotional offers, discounts, or other Gift Cards may be applied to the purchase of a Gift Card. Gift Card purchases are also not eligible for returns or cancellations and all purchases of Gift Cards are final.

Expiration

Gift Cards do not have an expiration date and the underlying funds do not decrease in value over time. Gift Cards also do not carry any dormancy, inactivity, or service fees.

Lost, Damaged, or Stolen Cards & Fraud

Got’Em does not replace, and cannot be held liable for, Gift Cards which are lost, stolen, inactivated, or damaged after purchase. Sneakerhead reserves the right to refuse, cancel, or hold Gift Cards, and purchases made using Gift Cards, for suspected fraud, incorrectly issued denominations, or for any other violation of Gift Card policies, except where prohibited by law.

Limitation of Liability:

Got’Em disclaims all warranties of any kind, either express or implied, with respect to the Gift Cards, including without limitation, implied warranties of merchantability and fitness for a particular purpose. Got’Em and its affiliates do not represent or warrant that your Gift Card will always be accessible or accepted. Got’Em and its affiliates and its vendors shall not be liable to any person or entity for any direct or indirect loss, damage (whether actual, consequential, punitive, special or otherwise), injury, claim or liability of any kind or character whatsoever based upon or resulting from the Gift Cards or use of such Gift Cards. In the event that Got’Em or its affiliates are found liable to you, your sole remedy will be to recover actual and direct damages which shall not exceed the last balance held on your gift card. Certain provisions of the foregoing paragraph may not apply to consumers within the state of New Jersey or in other jurisdictions prohibited by law.

Arbitration and Class Action Waiver

In the event that our customer service team is unable to resolve your concern, any disputes arising out of your purchase or use of the Gift Cards or these Terms and Conditions will be resolved entirely through binding individual arbitration, rather than in court. You may also assert individual claims in small claims court if your claims otherwise qualify. The Federal Arbitration Act and federal arbitration laws apply.

Note: There is no judge or jury in arbitration, no class action, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court, including injunctive and declaratory relief or statutory damages, and must follow these Terms and Conditions as a court would.

To begin an arbitration proceeding, you must send written notice requesting arbitration and describing your claim to: Got’Em ATTN: Legal Department, 17777 Center Court Dr, Suite 600, Cerritos, CA 90703, USA. You agree that the arbitration will be conducted by the American Arbitration Association (“AAA”) You can contact AAA at www.adr.org or at 1-800-778-7879 for information on how to commence an arbitration proceeding. Payment of all filing, administration, and arbitrator fees will be governed by AAA’s applicable rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

You agree to bring any dispute in arbitration only on an individual basis and not on a class, consolidated, representative, or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, you agree to waive the right to a jury trial or to participate in a class action. However, both you and Got’Em may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT BOTH YOU AND Got’Em WOULD HAVE IN COURT MAY ALSO NOT BE LIMITED.

Applicable Law

The law applicable to the interpretation and construction of these Terms and Conditions shall be the Federal Arbitration Act, applicable federal laws and the laws of the State of California, USA, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal laws relating to the arbitrability of claims. You agree that all matters relating to the Gift Cards or use of the Gift Cards, including all disputes, will be governed by the laws of the United States and by the laws of the State of California.

General Terms

Got’Em reserves the right to make changes to these Terms and Conditions at any time with or without notice, except as otherwise required by law. If any of the terms or conditions contained herein shall be deemed invalid, void, or for any other reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of the remaining terms and conditions.

REWARDS PROGRAM TERMS AND CONDITIONS

By participating in the Sneakerhead Rewards Program (“Program”) offered exclusively by Devicom International, Inc., doing business as Got’Em, (“Got’Em”), Members agree to abide by all terms and conditions, rules, regulations, and policies and procedures of the Program (“Terms and Conditions”), including any changes that may be made from time to time. Got’Em reserves the right to disqualify any Member who, in Got’Em’s sole discretion, has violated any of the Terms and Conditions.

Membership Enrollment

Customers can enroll in the Program and become a Member by creating an account at www.Got’Em and providing their first name, last name, and a valid email address and phone number.

Got’Em may refuse membership to any customers who do not follow the enrollment procedures. Members are also required to promptly advise Got’Em of any changes to their contact information, such as name, address, phone number(s), and/or email address, by updating their Member account information accordingly.

Personal Information and Program Communications

Personal information Customers and Members provide to Got’Em in connection with the Program will be handled in accordance with Got’Em’s Privacy Policy. When a Customer enrolls in the Program, that Member will also be enrolled to receive marketing emails from Got’Em. Members may change their marketing email preferences at any time by clicking on the link found at the bottom of Got’Em marketing emails.

Unless a Member has opted out of receiving marketing communications, Got’Em reserves the right to send Members marketing communications via mail, email, and/or any other channels, including information about special Member promotions, offers, and more. Got’Em may also use these channels to notify Members when they are eligible for a reward, communicate Program changes, or to disseminate any other information regarding the Program. Sneakerhead reserves the right to send all Members, regardless of whether they have opted out of receiving marketing communications, non-marketing and non-promotional emails, such as those relating to individual Member accounts.If you have any questions or concerns regarding how Got’Em manages, accesses, or uses your personal information, please contact us at 17777 Center Court Dr, Suite 600, Cerritos, CA, 90703, USA, by email at privacy@Got’Em, or by phone at 1-866-339-7463.

Earning Points

Members of the Sneakerhead Rewards Program earn rewards points (“Points”) for every dollar spent on Eligible Product Purchases as defined below. Got’Em reserves the right to decide, in its sole discretion, whether any particular purchase is disqualified from earning Points under the Program.

Eligible Purchases: Purchases of merchandise, calculated as after all promotional offers, taxes, shipping charges, and any returns, refunds, or credit adjustments have been applied. Members will receive one Point for each dollar ($1 USD) spent on Eligible Purchases (rounded down to the nearest whole dollar) at www.Got’Em.
Exclusions from Eligible Purchases: Points will not be awarded on unauthorized or fraudulent purchases, as determined in Got’Em’s sole discretion, or on the purchase of gift cards. Points will also not be awarded if the merchandise purchased is suspected to be for resale or commercial use, as determined in Got’Em’s sole discretion. Any portion of a purchase paid for by gift cards or Points are also not eligible to earn Points.
Email Address: To participate in and earn Points through the Program, Members must have a current and valid email address associated with their account. Members must make the Eligible Purchases using their account in order to receive Points for the Eligible Purchases. No Points will be retroactively applied to a Member’s account if the Member fails to make the Eligible Purchase under an account enrolled in the Program.
Processing of Points: Points earned from Eligible Purchases will typically be processed and awarded to the Member’s account 30-45 days after the date of purchase. Got’Em is not liable for any delays in processing earned Points. If you have any questions or concerns regarding pending Points for your Member account, please contact our customer service for assistance.
Point Balance: Members may view their current Points balance at any time by visiting their Member account page.

Redeeming Points

Points can be redeemed for rewards via the Sneakerhead Rewards page. Rewards redeemed with Points cannot be returned or exchanged under any circumstances. Got’Em reserves the right to, at any time and with or without notice, change the rewards available for redemption.

Got’Em further reserves the right to cancel any accumulated Points at its sole discretion, as well as if Sneakerhead become insolvent, unable to pay outstanding debts, or files an action (or has an action filed against it) under the U.S. Bankruptcy Code.

Expiration of Points

Points earned under the Program expire on the later of: March 31, 2021, or twelve (12) months from the date they are earned (the date the Eligible Purchase was made). Such expiration will automatically be reflected in the Points Balance on the Member’s account page and does not require any advance notice by Got’Em to the respective Member.

Right to Modify

Got’Em reserves the right to modify, discontinue, temporarily or permanently, or terminate any and all aspects of the Program, including, without limitation, these Terms and Conditions and the manner and method in which Points are earned. Although Got’Em will endeavor to give Members at least 30 to 60-day notice of any substantive changes to the Program, either via email or by announcement on the Sneakerhead website, Got’Em reserves the right to make changes at any time with or without notice. Your continued participation in the Program constitutes acceptance of any and all such changes.

Got’Em may also revoke the membership of any Member at its sole discretion or discontinue any or all benefits the Member may be entitled to, with or without notice. Members whose membership in the Program have been terminated forfeit all Points, rewards, and other benefits earned through the Program. Got’Em is not liable to any Member or third party for any resulting harm, injury, or damages caused by the modification, discontinuance, or termination of the Program or termination of a Member’s participation in the Program.

No Transfer

Points and Member accounts may not be merged, transferred, purchased, sold, assigned, auctioned, or traded in any manner, including by will. Doing so will void the Member account and result in a forfeiture of all accumulated Points. Points, as well as any other Program benefits, have no cash value and are not redeemable for cash.

General Terms

These Terms and Conditions will be governed by the laws of the state of California, without regard to any conflict of law provisions. If any of the terms or conditions contained herein shall be deemed invalid, void, or for any other reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of the remaining terms and conditions. All dollar amounts referred to in these Terms and Conditions are in U.S. Dollars.

Got’Em may choose not to enforce, or to delay the enforcement of, any of the Member’s obligations or Got’Em’s rights, remedies, or limitations under these Terms and Conditions. No such delay or choice to not enforce shall constitute a waiver of that obligation, right, or remedy.

Disputes

Please contact our Customer Service at 1-866-339-7463 if you have any disputes regarding the Program.

Arbitration and Class Action Waiver

Please read this arbitration provision carefully. Unless you send Got’Em a rejection notice as described in this section, this provision shall apply to you. This means that: (1) a court or jury will not resolve the Program Dispute; (2) you will not be able to participate in a class action or similar proceeding to resolve the Program Dispute, and (3) your appeal rights during and after the arbitration will be limited.

As used in this arbitration provision, a “Program Dispute” means any claim or controversy between you and Got’Em that in any way arises from or relates to the Program, including, but not limited to, these Terms and Conditions, the issuance or redemption of Points, or any other benefits discussed herein. Program Dispute has the broadest possible meaning and includes, without limitation, disputes based upon contract, tort, consumer rights, fraud, and other intentional torts, agency, statute or constitution, regulation, ordinance, common law, or equity (including any claims for injunctive or declaratory relief). Program Dispute includes claims, counterclaims, crossclaims, and third-party claims, and includes disputes in the past, present, and future. Program Dispute also includes disputes regarding the validity, enforceability, or scope of this arbitration provision.

To begin an arbitration proceeding, you must send written notice requesting arbitration and describing your claim to: Got’Em ATTN: Legal Department, 17777 Center Court Dr, Suite 600, Cerritos, CA 90703, USA. You agree that the arbitration will be conducted by the American Arbitration Association (“AAA”) You can contact AAA at www.adr.org or at (800) 778-7879 for information on how to commence an arbitration proceeding. Payment of all filing, administration, and arbitrator fees will be governed by AAA’s applicable rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

YOU AGREE NOT TO BRING A PROGRAM DISPUTE AGAINST Got’Em IN A CLASS ACTION, REPRESENTATIVE ACTION, OR OTHER SIMILAR PROCEEDING IN COURT OR ARBITRATION. YOU ALSO AGREE NOT TO BRING ANY PROGRAM DISPUTE AGAINST Got’Em ON BEHALF OF ANY OTHER PERSON, AND YOU AGREE THAT NO OTHER PERSON MAY BRING A PROGRAM DISPUTE AGAINST Got’Em ON YOUR BEHALF. YOU FURTHER AGREE NOT TO JOIN YOUR PROGRAM DISPUTE WITH ANY PROGRAM DISPUTE OF ANY OTHER PERSON. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AGREE TO WAIVE THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. HOWEVER, BOTH YOU AND Got’Em MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS. FINALLY, YOU AGREE NOT TO BRING A PROGRAM DISPUTE AGAINST US IN A PRIVATE ATTORNEY GENERAL ACTION IN COURT OR ARBITRATION.

If you do not want to arbitrate disputes with Got’Em and you are an individual, you may opt out of this arbitration provision by sending an email to legal@Got’Em within thirty (30) days of the date you first accessed or used the Site. Your rejection notice is effective only if it meets the above requirements, is signed by you, and is received within thirty (30) calendar days after the date we first provided you with the Terms and Conditions containing the arbitration provision. Subsequent republications or delivery of the Terms and Conditions will not trigger a subsequent right to reject the arbitration provision. Your rejection of this arbitration provision will not affect any other provision of the Terms and Conditions.

This arbitration provision is governed by the Federal Arbitration Act (“FAA”). The arbitrator(s) must follow: (1) the FAA; (2) all other applicable substantive law (except when contradicted by the FAA); (3) any applicable statute of limitations; and (4) rules as to valid claims of privilege. Further, the arbitrator(s) shall issue a written decision including the reasons for the award upon either party’s request. The decision of the arbitrator(s) will be final and binding, except for any appeal rights under the FAA.

This arbitration provision shall survive the termination of the Terms and Conditions and your relationship with Got’Em. If any part of this arbitration provision is deemed invalid, void, or for any other reason unenforceable, that part of the provision shall be deemed severable and shall not affect the validity and enforceability of the remaining parts of the provision.

Limitation of Liability

By agreeing to participate in the Program, you release Got’Em, its subsidiaries and affiliate entities, and their respective, directors, officers, employees, and agents (“Released Parties”) from all liability with respect to the misdirection or misuse of Points, and the use of any Program benefit by an individual other than the Member who earned the Program benefit. You further agree, through your agreement to participate in the Program, to release the Released Parties from and against any and all claims, damages, losses, liabilities, and other expenses (including, without limitation, attorney’s fees) relating to your participation in the Program, use of the Program points, use of products or experiences offered or made available under the Program, or your agreement to these terms.

The Released Parties make no warranties or conditions, expressed or implied, including, but not limited to, any warranties or conditions of merchantability or fitness for any particular purpose with respect to the Program, membership in the Program, or any products or services related to the Program.

USER CONTENT

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

Anyone who believes that his or her work has been reproduced on the Site (including as User Content) in a manner which constitutes copyright infringement may submit a notification to Got’Em’s copyright agent in accordance with the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing:

identification of the copyrighted work that is claimed to be infringed;
identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Site;
information for our copyright agent to contact you, such as an address, telephone number, and, if available, email address;
a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law;
a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and
a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.

If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, “trademark”) by notating this in your written notice. You acknowledge that if you fail to comply with all of the requirements for a notice of infringement as specified above, your DMCA notice may not be valid.

Notices of copyright infringement claims should be sent by mail to: Got’Em, Attn: Copyright Agent, 17777 Center Court Dr, Suite 600, Cerritos, CA 90703, USA; or by email to legal@Got’Em. Got’Em will respond expeditiously to claims of copyright infringement using the Site that are reported to Got’Em’s copyright agent in the notification explained above. It is Got’Em’s policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.

Further information on the DMCA can be found in 17 U.S.C. 512 or on the United States Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf.

TYPOGRAPHICAL ERRORS

In the event that a product sold is mistakenly listed at an incorrect price, Got’Em reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price, whether or not the order has been confirmed and your payment method charged. If your payment method has already been charged for the purchase and your order is cancelled, Got’Em shall issue a credit to your payment method account.

OUTSIDE LINKS

Third party sites linked to this Site may not have been reviewed or approved by Got’Em, and Got’Em is not responsible for the content or privacy practices of any third party sites linked to this Site, whether or not affiliated with Got’Em. Third party linked sites are provided for convenience only and Got’Em makes no representations or warranties as to the accuracy or functioning of any such link. The existence of any other sites linked to Got’Em does not constitute endorsement by Got’Em of such other site, its content, products, or services.

ARBITRATION AND CLASS ACTION WAIVER

This Section includes an arbitration agreement (the “Arbitration Agreement”) and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the Arbitration Agreement by following the opt out procedure described below.

Arbitration Agreement

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

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

If you wish to begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Got’Em, Attn: Legal Department, 17777 Center Court Dr, Suite 600, Cerritos, CA 90703, USA. The arbitration will be administered by the American Arbitration Association (AAA) under its rules including, if you are an individual, the AAA’s Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Site on behalf of an entity, the AAA’s Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879.

The number of arbitrators will be one. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitration will be conducted in the English language. California law will apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. If you are an individual and have not accessed or used the Site on behalf of an entity, we will reimburse those fees for claims totaling less than $10,000, unless the arbitrator determines the claims are frivolous, and we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.

The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. However, the preceding sentence will not apply to the “Class Action Waiver” section below.

If you do not want to arbitrate disputes with Got’Em and you are an individual, you may opt out of this Arbitration Agreement by sending an email to legal@Got’Em within thirty (30) days of the first of the date you access or use the Site.

Class Action Waiver

Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.

If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and Got’Em each waive any right to a jury trial.

CHANGES AND IMPROVEMENTS

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

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

MISCELLANEOUS

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

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

Any rights not expressly granted herein are reserved by Got’Em.Except as expressly stated otherwise, the Terms of Use shall be governed by, and will be construed under, the laws of the United States of America and the law of the State of California, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any action to enforce this agreement shall be brought in the federal or state courts located in the State of California, County of Los Angeles.

Under California Civil Code Section 1789.3, California users of the Site receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

CONTACT US

Questions or comments about this Site or these terms may be directed to Got’Em, at 17777 Center Court Dr, Suite 600, Cerritos, CA, 90703, USA.