Terms of use

Website Terms of Use

Welcome to this sockbroker.com  website owned and operated by SockBroker inc, LLC ("Site"). SockBroker, LLC is pleased to serve you under these Terms of Use, as amended from time to time ("Terms"). YOUR USE OF OUR SITE CONSTITUTES YOUR AGREEMENT TO THESE TERMS. DO NOT USE THE SITE OR PROVIDE INFORMATION IF YOU DO NOT AGREE TO THE TERMS.

"You" means an individual who is a SockBroker.Com  customer or who is merely using or browsing our Site. These Terms are separated into three parts. Parts One and Three apply to all users. Part Two only applies to those who make a purchase from us. You should feel free to ignore Part Two if you are only "window-shopping," for example. These Terms apply even if you are not an account holder at PowerSox.com.

1. Who We Are. We are Sockbroker INC, LLC ("GTM", "we," "us," "our") and our headquarters are located at 2313 South Santa Fe Los Angeles, California 90058  our telephone number (customer service) is 1-855-30-socks. We are a limited liability company formed in the State of California, U.S.A. We do not charge you for merely viewing our Site; if a particular Site activity carries a charge, it will be disclosed in connection with the activity.

2. Site Features, Functionality and Availability; Termination. You may use the Site when and as available. Although we generally intend the Site to be available 24/7, it will not always be available (e.g., during maintenance, changes, outages and for other reasons we determine). We reserve the right to change or eliminate, and restrict or block access to all or any part of the Site from time to time without notice.

3. Privacy Policy. Our Privacy Policy (in another section) contains our practices regarding personally identifying information about you. You should review the Privacy Policy because it describes the information that we collect, how we collect it and what we do with that information.

4. Products, Information, and Pricing. Many products displayed on our Site are also available in retail stores while supplies last, but you should not assume that what you see on the Site can always be seen in stores. Also, prices displayed on the Site might be different than in stores or from store advertised prices. All features, content, specifications, products and prices of products and services described or depicted on this Site are subject to change at any time without notice. From time to time there might be information on the Site that is outdated or contains errors, inaccuracies, or omissions (collectively, "Inaccuracy"), including but not limited to descriptions of events, locations, products and services, pricing, product availability and tracking or other information. Also note that although we have tried accurately to display colors of products, the colors you see may depend on specifications and settings of your computer and its display and might not accurately depict the actual color of the product. We reserve the right to correct any Inaccuracy even if you have placed an order; we also reserve the right to refuse or cancel any orders whether or not the order has been confirmed and your payment card charged. If your card has already been charged and your order is canceled, we will promptly issue an adjustment to your card account. We apologize for any inconvenience this may cause you.

5. Electronic Acts; Passwords. Several Site activities require passwords (e.g., if you establish one to create "Your Account"). You agree that if your password is used on the Site, we may attribute all use to you and you will be legally bound by it even if the person using your password had no actual authority or failed to correct an error. You agree to protect your password as confidential information and to prohibit anyone you share it with from disclosing it to anyone not authorized by you. We recommend that you not share your password, but if you do, you agree to save, defend, indemnify and hold us harmless from and against any use claimed to be unauthorized.

6. Intellectual Property. Site design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Web Site are either the property of, or used with permission by, Sockbroker INC.  and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms or with the prior written permission of the owner of such material. You may not modify the information or materials located on this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. Certain trademarks, trade names, service marks and logos used or displayed on this Site are registered and unregistered trademarks, trade names and service marks of sockbroker and/or our affiliates. Other trademarks, trade names and service marks used or displayed on this Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Site without our written permission or the written permission of such third party owner.

7. Your Conduct. You agree that you will not violate any law, contract or intellectual property right, or commit a tort. You also agree not to:
(1) attempt to access any service or area of the Site that you are not authorized to access;
(2) alter information on or obtained from the Site;
(3) use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or to extract data;
(4) reverse engineer any aspect of the Site or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site (except as otherwise expressly permitted by law);
(5) send to or otherwise impact us or the Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware", "adware" or other code that could adversely impact the Site or any recipient;
(6) access or use the Site or any service for any unlawful, unintended (by us) or harmful purpose, or other than in full compliance with applicable law and the Terms;
(7) take any action which might impose a significant burden (as determined by us) on Site infrastructure;
(8) interfere with the ordinary operation or mission of the Site or services; and
(9) "frame" our Site or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose.

8. Solicited Submissions* Policy; Unsolicited Submissions Policy. We welcome your input but only under our policies and only for non-confidential information that you own by yourself. You are solely responsible for what you provide and agree to save, defend, indemnify and hold us harmless from and against any claims made regarding your Submissions. We have two policies: (a) a Solicited Submissions Policy ("Solicited"), and (b) an Unsolicited Submissions Policy ("Unsolicited"). The distinction between the two is that under the Solicited policy we will expressly ask you to provide Submissions; under our Unsolicited Policy, you submit something without our asking for it. Under both policies, you agree that no Submission will: (a) violate any right of any third party, including copyright, trademark, privacy or other personal, intellectual property or proprietary right(s), or (b) be libelous or otherwise unlawful, abusive, offensive, obscene, misleading, unfair or deceptive or constitute trade disparagement.

• (a) Solicited Policy. When we expressly ask you to give us Submissions, it is usually because we want your input on a product, service or survey. Right now, we ask for any Submissions you'd like to make about our Site, services or products so that we can improve them. We assume when we ask, however, that you are willing to provide input without getting paid or receiving other compensation. Sometimes for particular surveys or topics, we might include an express statement that we will provide a discount or coupon, but that will depend on the particular request (and the above general request does not include any such statement).

• (b) Unsolicited Policy. We do not want to receive Submissions if you expect to be paid or want to continue to own or claim rights in them (e.g., if you want to be a patent owner or to exercise intellectual property or other rights in them). For example, if you have a great idea for a new product that you think we ought to make, but you also want to share in any resulting patent or profits, do not make your Submission. We do not want and will not accept such Submissions (regardless of what your communication may say about acceptance): your idea might be great, but we might have had the same or a similar idea and we don't want disputes. Accordingly, do not make a Submission unless you are willing to be bound by this policy.

• UNDER BOTH POLICIES, IF YOU MAKE A SUBMISSION TO sockbroker INC. THEN THAT WILL BE YOUR ACCEPTANCE OF Sockbroker INC. POLICY (SOLICITED OR UNSOLICITED, AS THE CASE MAY BE) AND WILL ALSO BE: (1) your assignment to Sockbroker INC of all of your rights (worldwide), title, interest and goodwill in the Submission; (2) your agreement that SockBroker will become the sole owner of the Submission upon sockbroker's  receipt of it and may use it (or not use it) for all possible purposes and in all possible media, now or later known or unknown; and (3) your agreement that Sockbroker is and shall be under no obligation to (a) maintain any Submission in confidence; (b) respond to or provide credit for any Submission; or (c) pay or provide any other consideration to you or anyone else for a Submission. However, with respect to Solicited Submissions, if we say in our solicitation that will provide a coupon or other consideration, then we will do so as your sole and exclusive compensation.

• *"Submission" means all reviews, comments, feedback, videos, postal mail, e-mails or other communications, suggestions, ideas, copyrighted works, information and anything else submitted or offered to us by you electronically, non-electronically, orally or otherwise.

9. Linking to this Site. Upon our request, any link from another Web site to any page on this Site shall be promptly removed. Running or displaying this Site or any material displayed on this Site in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Site must comply will all applicable laws, rule and regulations.

10. Third Party Links. From time to time, this Site may contain links to Web sites that are not owned, operated or controlled by us or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Site. Neither we nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other Web site. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other Web site, or any content, materials or other information located or accessible from such Web sites, or the results that you may obtain from using such Web sites. If you decide to access any other Web site linked to or from this Site, you do so entirely at your own risk.

11. Inappropriate Material. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action we reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this Site of the related materials. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

12. Accurate Information. You agree to supply only accurate, current and complete (collectively "Accurate") information when setting up an account on the Site, making a purchase, reviewing a product, or otherwise using the Site or a related service. You also agree to review and correct all information that is supplied about you (such as when our system "pre-populates" information you would otherwise have to enter) or that the Site draws from (such as the payment card information you keep in Your Account) to ensure that it is always Accurate. GoldToeMoretz reserves the right to purge or delete information stored by account holders and users in its discretion.

13. DISCLAIMERS.
YOUR USE OF THIS SITE IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WE NOR ANY OF OUR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS SITE. THE MATERIALS AND SERVICES ON OR THROUGH THIS SITE MAY BE OUT OF DATE, AND NEITHER WE NOR ANY OF THEIR AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

14. LIMITATIONS OF LIABILITY.
We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Site or your downloading of any materials, from this Site. IN NO EVENT WILL WE, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, PARENT CORPORATIONS, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS SITE.

15. Termination or Cancellation. Either we or you may end this agreement (the Terms) with or without cause or prior notice. You will still be liable for payment of any amounts due or other obligations incurred before this agreement ends, and if you use the Site after it ends, that use will be your new agreement to the Terms. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records. Our rights under Nos. 3-10, 13-14, 16-18, and 21-26 will expressly survive termination of these Terms. Without canceling the agreement, we may suspend or block your access to the Site whenever it appears to us that you might be breaching these Terms or otherwise about to cause harm or damage to us or others.

16. Applicable Law and Exclusive Forum. This Site is controlled by us from our offices within the United States of America and is directed to U.S. users. If you choose to access this Site from locations outside the U.S., you do so at your own risk and are responsible for compliance with applicable local laws. You may not use or export anything from the Site in violation of U.S. export laws and regulations or the Entire Agreement (as defined below in Section 19 -- "Entire Agreement; Miscellaneous"). You agree that the Entire Agreement, all performances and all claims of every nature (including without limitation, contract, tort and strict liability) relating to any aspect of the Complete Site or any product or service obtained in any connection with it, shall be governed by the laws of the State of California, U.S.A. without regard to its conflict of law provisions and without regard to where performance is made (e.g., if you book a foreign trip at the Site and a claim arises in the foreign country, North Carolina law will still apply to that claim). You agree that any disputes shall be heard exclusively in the appropriate forum in California. You also consent to jurisdiction in a state or federal court sitting in Los Angeles County,California and waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by California or federal law.

17. Notices to You. We may give you notice by any lawful method, including (without limitation) legal notices and notice of subpoenas. We may provide the notices by posting them on the Site or by giving them by email or postal mail to any address that we have for you. You agree to update your address as appropriate and to check for notices posted on the Site.

18. Notices to Us; Our Address for Legal Notices: 2313 South Santa Fe Ave 90058

19. Amendments. You agree that we may amend these Terms from time to time, including by changing (e.g., by adding, altering, deleting, increasing or decreasing or anything else) anything in these Terms ("Amendments"). With respect to the text of these Terms, we will post a new version of the Terms on the Site prior to the effective date of the amended version ("Effective Date") – we will try to do that ten days before a new version becomes effective, but we reserve the right to provide lesser or subsequent notice as we think advisable (such as in an emergency or to prevent harm to us or others). We may also give notice by another method, including by e-mail. You agree periodically to check for notice of an amended version and to review that version. The Effective Date of each version will usually be shown at the beginning of the Terms document: if you see a date that is later than the date you last reviewed the Terms, review the latest version because it will apply as of its Effective Date and until the next version is posted (and the ten-day period referenced above, if applicable, has passed). Until then, all amended versions will apply to all information then or later in our control or possession (except that if we've already accepted your order then we'll fill it at the price in effect on your order date regarding items in stock). No Amendments will be effective unless we post them on our Site.

You agree that USING THE SITE OR MAKING A PURCHASE AFTER THE EFFECTIVE DATE OF THE AMENDED VERSION OF THESE TERMS WILL CONSTITUTE YOUR AGREEMENT TO THE AMENDED VERSION. Notwithstanding the foregoing, you agree that without amendment, we may change other Site information (other than the text of these Terms) in our sole discretion, including but not limited to changing pricing, fees (e.g., shipping and handling), carriers, and our refund procedures. You will be able to read the then current fees or other information before you place an order or sign up for a service – if you do not agree, do not proceed with your order.

20. Entire Agreement; Miscellaneous. These Terms, including items incorporated into them and any (a) additional terms on the Site or otherwise provided by us for particular activities, and (b) disclosures provided by us and consents provided by you on the Site (collectively, "Entire Agreement"), constitute the entire agreement between us and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement. If any part of the Entire Agreement is found by a court of competent jurisdiction to be invalid, then that part will be deemed superseded by an enforceable provision that most closely matches the intent of the original and honors the allocation of risks in these Terms and the remainder of the Terms will continue in effect. Our failure to act with respect to a breach does not waive our right to act as to subsequent or similar breaches, and time is of the essence of the Entire Agreement. There are no third party beneficiaries of any part of the Entire Agreement.

Part Two – TERMS FOR USERS MAKING PURCHASES

Part Two applies in addition to Parts One and Three if you purchase a product or service through the Site.

21. Pricing and Availability. All prices are shown in U.S. dollars, and are valid and effective only for products and services ordered and shipped within the United States; taxes, shipping and handling charges are additional. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.

22. Out-of-Stock Items; Backorders. If the color or size you want is not listed in the "Choose Your Color/Size" drop-down box on the Product Information page, it is not then available for ordering. Please check back later. If the color or size you want has an asterisk next to it in the drop-down box, it is on backorder. Sometimes we will not know in advance that product is unavailable, so when you place items in your Shopping Cart you will be asked if you would like to backorder them. If you indicate yes, the item will be sent to you once it becomes available. We will not charge your payment card until the item ships. If the backordered item is no longer available, we will cancel the item from your order and notify you, usually via e-mail. If you have items on backorder that you would like to cancel, please contact us.

23. Agreement to Conduct Transactions Electronically; Recording; Copies. You agree that all of your transactions with or through the Site may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those services will still be governed by the remainder of these Terms unless you enter into different terms provided by us. If the law allows you to withdraw this consent or if we are required to deal with you non-electronically, we reserve the right to charge or increase fees for doing so. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you.

24. Shipping & Handling; No Export by You. When we ship to you or per your directions, you agree to pay the shipping and any handling charges shown on the Site on the date your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Generally, shipping is by standard ground delivery. Any shipping or handling charges may or may not reflect actual costs. All orders are shipment contracts, not destination contracts. Any shipping times shown on the Site are estimates only - actual delivery dates may vary. You agree that you will not obtain or direct shipment of product for export.

25. Payment; Credit for Refunds & Pricing. Only valid Visa, Master Card, Discover Card, or Diner’s Club credit cards or other payment method acceptable to us may be used and all refunds will be credited to the same card or, in our discretion, other method. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any amounts described on the Site) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. Regarding "Your Account," you agree to keep all payment card or other payment method information current and that we may submit charges for processing even if the card (or other method) has expired or changed by the time we submit it. You must resolve any problem we encounter in order to proceed with your order.