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Terms of Service

Sock Mogul TERMS OF SERVICE, USE AND PURCHASE

This website located at www.SockMogul.com (this “Site”) is owned and operated by Sock Mogul. Sock Mogul 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 Mogul in connection with any of the foregoing (collectively, “Sock Mogul Services”). Sock Mogul provides its products and services subject to these Terms of Service.

By using the Sock Mogul Services, you agree to these conditions. Please ready them carefully.

By accessing or using this Site 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 Mogul. You must be at least 18 years old to use this Site or Services. Sock Mogul 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 Mogul Services 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 Mogul Services and immediately cancel your Sock Mogul Membership by contacting us or closing your account if necessary via the account page.

ELECTRONIC COMMUNICATIONS
When you use any Sock Mogul 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 Mogul 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. Read more about your privacy here.

Sock Mogul SUBSCRIPTION
Sock Mogul provides a monthly membership program that grants you monthly deliveries of random socks. To being, you must register and create a member account through this Site (“Account”). After you have successfully created an Account, you will have the option to select your favorite complete your account details and checkout. There is no registration fee and no obligation to purchase. We select the socks on your behalf. If you choose to create an Account, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Sock Mogul registration form. Registration data and certain other information about you are governed by our Privacy Policy.

Sock Mogul SUBSCRIPTION
Sock Mogul offers subscribers to participate in its monthly subscription program. To become a Sock Mogul Member, simply purchase any Sock Mogul subscription provided on this Site and you will be automatically enrolled. As a Sock Mogul subscriber, our team will send you a customised selection of Sock Mogul socks. All orders are shipped as close the 10th of each month as possible. Payments are deducted automatically until the subscriber cancels the subscription. Sock Mogul will deduct the subscription amount as close to the 5th day of every month as possible. Subscribers will receive emails, system emails, subscription emails, newsletters, special offers and other updates throughout the subscription. All emails can be cancelled at any time. You may cancel your Sock Mogul subscription at any time by logging into your account and selecting ‘subscriptions’ and ‘cancel subscription’ or by contacting us.

HOW SUBSCRIPTIONS WORKS
Upon signing up you will receive new monthly products shortly after shipment date (all orders are shipped as close the 10th as possible). 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 Mogul subscription at any time by logging into your account and selecting ‘subscriptions’ and ‘cancel subscription’ or by contacting us.

You may cancel your Sock Mogul Membership Account at any time. If you wish to cancel your Account, please log into your account and selecting ‘subscriptions’ and stop all subscriptions then contacting us to delete your account and all your information.

SHIPPING
Shipping is FREE worldwide.
Shipping across Australia usually takes 3-5 business days to arrive from the shipment date. International orders maybe take up to 3 weeks to arrive. 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.
PLEASE NOTE: All orders are shipped as close the 10th as possible.

RETURNS & EXCHANGES
Sock Mogul strives to provide an excellent 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. Please get in touch to organise this.

You will be responsible for the cost of shipping your original pair back to our warehouse.

PAYMENT INFORMATION

To make purchases through the Sock Mogul Site or to become a Sock Mogul Member you must submit credit card information. You represent and warrant to Sock Mogul 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 authorise Sock Mogul to use any updated credit card information submitted by your credit card company directly to Sock Mogul . If you dispute any charges, you must inform Sock Mogul within thirty (30) days upon receipt of Sock Mogul’s invoice. We reserve the right to change Sock Mogul prices and fees. Your continued use of the Sock Mogul Services after the price change becomes effective constitutes your agreement to pay the changed amount.

Sock Mogul deduct the subscription amount around the 5th day of every month.

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 Mogul 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 Mogul 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 Mogul Services is in compliance with these Terms of Service. You further acknowledge and accept that Sock Mogul shall have no obligation to investigate the authorisation 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 Mogul immediately of any unauthorised access to your Account or any other unauthorized use of any Sock Mogul services.

You agree that Sock Mogul 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 Mogul 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 Mogul’s sole discretion and that Sock Mogul shall not be liable to you or any third party for the termination, limitation of access and/or suspension of your Account.

PROHIBITED USES
Any and all Sock Mogul 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 Mogul, 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 Mogul specifically prohibits any use of the Sock Mogul Service, and requires all users to agree not to use the Sock Mogul 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 Mogul 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 unauthorised 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 Mogul’s provision of services to any other visitors to this Site, Sock Mogul 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.

USER CONTENT
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 Mogul Services shall be deemed non-confidential and non-proprietary. By submitting or posting any User Content, you grant to Sock Mogul 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 Mogul 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 Mogul 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 Mogul 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 Mogul 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 Mogul Services, you can choose whether or not you wish to share content or information related to your Account on Facebook. You agree that Sock Mogul 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 Mogul Services and its social features, you agree to respect other users of the Sock Mogul Services in your interactions with them. Sock Mogul 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 Mogul 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.

PRODUCT INFORMATION
Prices, descriptions and availability of products are subject to change without notice. Errors may be corrected when discovered, and Sock Mogul reserves the right to revoke any stated offer in order to correct any errors or inaccuracies. Although Sock Mogul 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 Mogul 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 Mogul is not responsible for typographical errors regarding price or any other matter.

PURCHASE CANCELLATIONS
All orders placed through any Sock Mogul Services are subject to Sock Mogul’s acceptance. This means that Sock Mogul 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 Mogul will issue you a refund.

Sock Mogul
All content, graphics, text, code and software used on or incorporated into this Site and/or any Sock Mogul Service, and the arrangement or integration of all such content, graphics, code and software, are subject to copyrights held by or licensed to Sock Mogul and all rights thereto are specifically reserved. As between you and Sock Mogul, (or any other company whose marks appear on any of the Sock Mogul Services), Sock Mogul (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 Mogul Services, and is the copyright owner or licensee of the materials and content contained therein, unless otherwise indicated. The Sock Mogul 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 Mogul and may be registered in the United States and internationally. You agree not to display or use the Sock Mogul Intellectual Property in any manner without Sock Mogul ’ prior written permission. Nothing contained on this Site or in any of the Sock Mogul Services should be construed to grant any license or right to use any Sock Mogul Intellectual Property without the prior written consent of Sock Mogul.

Except as otherwise provided herein, use of the Sock Mogul Services does not grant you a license to any materials, content or features you may access on this Site or via the Sock Mogul 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 Mogul 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 Mogul . If you make use of the Sock Mogul 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 Mogul 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 Mogul publishes information within the Sock Mogul Services as a convenience to its visitors. While Sock Mogul 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 Mogul Services at any time without notice. The Sock Mogul products described in the Sock Mogul Services may not be available in your region. Sock Mogul does not claim that the information on this Site is appropriate to your jurisdiction or that the products described in the Sock Mogul Services will be available for purchase in all jurisdictions.

YOUR USE OF THE SOCK MOGUL SERVICES ARE AT YOUR SOLE RISK. THE SOCK MOGUL SERVICES AND THE PRODUCTS OFFERED THROUGH THE Sock Mogul 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 MOGUL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

SOCK MOGUL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THE OPERATION OF THIS SITE OR ANY OF THE SOCK MOGUL 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 MOGULSERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE, UNLESS OTHERWISE SPECIFIED IN WRITING.

SOCK MOGUL 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 MOGUL SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH SOCK MOGUL, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF SOCK MOGUL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOCK MOGUL SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE SOCK MOGUL SERVICES ISSUED AGAINST YOU BY THIRD PARTY FINANICAL INSTITUTIONS SUCH AS BANKS OR CREDIT CARD COMPANIES. SOCK MOGUL 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 MOGUL SERVICES, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SOCK MOGUL SERVICES. IF A PRODUCT OFFERED THROUGH THE SOCK MOGUL 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 Mogul makes no warranties of any kind regarding any third party sites to which you may be directed or hyperlinked from the Sock Mogul Services. Hyperlinks are included solely for your convenience, and Sock Mogul makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such third party sites. Sock Mogul does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties through the Sock Mogul Services.

INDEMNITY AND RELEASE
You agree to indemnify and hold Sock Mogul 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 Mogul Services by you or any other person accessing the Sock Mogul Services using your Account; (b) the use of, or connection to, the Sock Mogul 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
GOVERNING LAW
Use of the Sock Mogul Services, membership in the Sock Mogul Membership Program, any purchases made through the Sock Mogul Services, and any controversy, claim or dispute arising out of or relating in any way to your use of the Sock Mogul Services, your membership in or purchases through the Sock Mogul Services, Sock Mogul Membership Program and/or your Account, or products purchased through the Sock Mogul 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 Mogul or the Sock Mogul Services must be commenced within one (1) year after the claim or cause of action arose.

CLASS ACTION WAIVER
Both you and Sock Mogul waive the right to bring any controversy, claim or dispute arising out of or relating in any way to your use of the Sock Mogul Services, your membership in or purchases through the Sock Mogul Membership Program and/or your Account, or products purchased through the Sock Mogul 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.”)

AGREEMENT TO PRE-ARBITRATION NOTIFICATION
These Terms of Service provide for final, binding arbitration of all disputed claims (discussed immediately below). Sock Mogul 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 Mogul shall send a letter to the other side briefly summarizing the claim and the request for relief. If Sock Mogul 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.

 

GENERAL INFORMATION
These Terms of Service constitute the entire agreement between you and Sock Mogul and govern your use of the Sock Mogul Services, and they supersede any prior agreements between you and Sock Mogul . You also may be subject to additional terms and conditions that are applicable to certain parts of the Sock Mogul Services. Sock Mogul may terminate this Agreement and deny you access to the Sock Mogul Services at any time, immediately and without notice, if in Sock Mogul’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 Mogul and you as a result of this Agreement or your use of the Sock Mogul Services.

The failure of Sock Mogul 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 enforceability 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 Mogul’s express written consent. The Terms inure to the benefit of Sock Mogul’s successors, assigns and licensees. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.

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