Terms of Use


PLEASE READ THESE TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY SOLEHUB LLC (“SOLEHUB”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT http://www.SOLEHUB.com (THE “SITE”) AND ALL SERVICES PROVIDED BY SOLEHUB ON THE SITE. By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.

This Agreement is effective as of August 1, 2014 and upon acceptance for new users. You accept this agreement by checking the box next to “I agree to the SoleHub Terms of Use and Privacy Policy.”, when registering for a SoleHub account or by using the Sites or Services. If you don't agree the terms and conditions of this Agreement, don't use the Site or Services. We may periodically make changes to this Agreement, which will be posted on the Site and effective thirty (30) days following posting for current users, or immediately for new users.

Please be advised that this Agreement contains provisions that govern how claims you and we have against each other are. It also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration. Pursuant to this Agreement: (1) you will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

ABOUT SOLEHUB

SoleHub is an on‐line marketplace that allows users to offer, sell and buy certain goods in a variety of pricing formats and locations. SoleHub is not directly involved in the transaction between buyers and sellers. As a result, SoleHub has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. SoleHub does not pre‐ screen users or the content or information provided by users. SoleHub cannot ensure that a buyer or seller will actually complete a transaction. Consequently, SoleHub does not transfer legal ownership of items from the seller to the buyer. SoleHub cannot guarantee the true identity, age, and nationality of a user. SoleHub encourages you to communicate directly with potential transaction partners through the tools available on the Site. SoleHub provides you with the ability to use PayPal, a third‐party escrow service that provides additional user verification. SoleHub shall provide you with a proprietary Internet‐based Software as a Service (“SAAS”) system that facilitates the trade between sellers and buyers of product (the “Service”). And as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on SoleHub. You use the SoleHub service at your own risk.

USING SOLEHUB

While using or accessing the Services you will not:

  • post, list or upload content or items in inappropriate categories or areas on our sites;
  • breach or circumvent any laws, third party rights or our systems, policies, or determinations of your account status;
  • use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our sites, services, applications or tools; fail to pay for items purchased by you, unless the seller has materially changed the item's description after you make an offer, clear typographical error is made, or you cannot contact the seller;
  • fail to deliver items sold by you, unless the buyer fails to follow the posted terms, or you cannot contact the buyer;
  • manipulate the price of any item or interfere with other user's listings;
  • post false, inaccurate, misleading, defamatory, or libelous content;
  • take any action that may undermine the feedback or ratings systems;
  • transfer your SoleHub account (including Feedback) and user ID to another party without our consent;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes; distribute viruses or any other technologies that may harm SoleHub, or the interests or property of SoleHub users;
  • use any robot, spider, scraper or other automated means to access our Services for any purpose; bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure; export or re-export any SoleHub application or tool except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
  • copy, modify, or distribute rights or content from our Services or SoleHub’s copyrights and trademarks;
  • copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display any content (except for your information) from our sites, services, applications, or tools without the prior express written permission of SoleHub and the appropriate third party, as applicable;
  • commercialize any SoleHub application or any information or software associated with such application; or
  • harvest or otherwise collect information about users, including email addresses, pricing data, without their consent. We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services.

ABUSING SOLEHUB

Without limiting other remedies, we may, limit, suspend, or terminate our services and user accounts, restrict or prohibit access to, and your activities on, our Services, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Services if:

  • we think that you are creating problems or possible legal liabilities;
  • we think that such restrictions will improve the security of the SoleHub community or reduce our or another SoleHub user’s exposure to financial liabilities we think that you are infringing the rights of third parties;
  • we think that you are acting inconsistently with the letter or spirit of this Agreement or our policies;
  • despite our reasonable efforts, we are unable to verify or authenticate any information you provide to us; or
  • you fail to pay us all fees due for our Services by your payment due date.

When a buyer or seller issue arises we may consider the user’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement and to do the right thing for both buyers and sellers.

MEMBERSHIP ELIGIBILITY

SoleHub’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. SoleHub may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions. Individuals under the age of 18 must at all times use SoleHub’s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities. You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by SoleHub’s policies as stated in this Agreement as well as all other operating rules, policies and procedures that may be published from time to time on the Site by SoleHub. You agree to keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify SoleHub of any unauthorized use of your password or any breach of security. You also agree that SoleHub cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than SoleHub without SoleHub’s express written permission. You agree to keep your account information up‐to‐date and accurate at all times, including a valid email address. To sell items on SoleHub you must provide and maintain valid payment information such as valid credit card information and a valid PayPal account. You may not transfer or sell your SoleHub account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement. SoleHub reserves the right, in SoleHub’s sole discretion, to cancel unconfirmed or inactive accounts. SoleHub reserves the right to refuse service to anyone, for any reason, at any time.

FEES

Joining and creating an account on SoleHub is free. SoleHub does not charge fees for listing an item for sale. For individual sales of items, SoleHub charges a 5% (five percent) commission fee payable when footwear is sold. SoleHub charges an 8% (eight percent) commission fee payable when apparel and/or accessories are sold. Changes to the Fees Policy and the fees for SoleHub's services are effective after SoleHub provides you with at least fourteen (14) days' notice by posting the changes on the Site. However, SoleHub may choose to temporarily change the Fees Policy and the fees for SoleHub’s Services for promotional events (for example, reduced commission days); such changes are effective when SoleHub posts the temporary promotional event on the Site. SoleHub may, at SoleHub's sole discretion, change some or all of SoleHub's services at any time. In the event SoleHub introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD). You are responsible for paying all fees and applicable taxes associated with using SoleHub. SoleHub will send an invoice to the seller’s email address on file detailing the amount due for the prior month’s commissions. The seller must pay the amount due in full within 15 (fifteen) days of the date of the invoice, or the account will be considered past due. You must have a payment method on file when selling on SoleHub and pay all fees and applicable taxes associated with our Services by the payment due date. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and, for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.) In addition, you will be subject to late fees. SoleHub, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report.

You must have a payment method on file when selling on SoleHub and pay all fees and applicable taxes associated with our Services by the payment due date. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and, for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.) In addition, you will be subject to late fees. SoleHub, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report.

BUYER AND SELLER RESPONSIBILITIES

You need an email address and password to list, sell and purchase items using the Site and Services. You are solely responsible for maintaining the security of your email address and password and for all activity that occurs under your email address and password. You shouldn't disclose your password to any‐one else person. You must have a valid credit card, debit card, or PayPal account ('Payment Method') on file with us. You are responsible for ensuring that all elements of your contact information, including your email address, mailing address, phone number, and Payment Method on file with us are accurate and current. You may use the Site or Services to list, sell, or items only if you're able to form legally binding contracts, are over the age of 18, and aren't temporarily or indefinitely suspended from using our Site or Services.

LISTING ITEMS FOR SALE

By listing an item you warrant that you and all aspects of the item comply with SoleHub’s published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the “in stock” quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing. All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance. The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item’s price after a sale for the purpose of avoiding SoleHub transaction fees, misrepresent the item’s location, or use another user’s account without permission.

PURCHASING ITEMS

When buying an item, you agree to SoleHub’s policies and that you are responsible for reading the full item listing before making a bid or commitment to buy. You enter into a legally binding contract to purchase an item when you commit to buy an item or if you have the winning bid (or your bid is otherwise accepted). We do not transfer legal ownership of items from the seller to the buyer.

USER RESPONSIBILITIES AND CAUTIONS

  • SoleHub will not be responsible for, and has no control concerning the availability, quality, safety or legality of the items or services listed or advertised on our site. We cannot warrant the truth or accuracy of listings, images, the ability of users to bid, buy or sell, or the ability of users to complete any transactions initiated by using our site.
  • Users are cautioned of the potential risks in dealing with underage persons, foreign nationals, or those with fraudulent intentions.
  • Because SoleHub cannot and will not be involved in User-to-User dealings, in the event of any dispute with one or more users, you release SoleHub, our agents and employees from claims, demands and damages (actual and consequential) of every form and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising from or in any way connected with such disputes.
  • SoleHub is not responsible for any user-submitted content or information appearing on our site. The text, images, graphics or any other information (including User Feedback) posted by other Users, may be offensive, inaccurate, harmful, deceptive, and socially or religiously adverse. We simply ask you to use caution and common sense as a User of our site.

USER FEEDBACK

  • All Users are encouraged to post feedback concerning completed auctions with other Users. Feedback may only be posted by the User(s) involved in a completed auction. One feedback entry is allowed per user, per completed auction.
  • The feedback venue is to be used ONLY to describe quality of service, products, or speed of payment regarding the specific transaction that was consummated between the buyer and seller. SoleHub reserves the right to delete, suspend, and/or block any user or feedback for any reason deemed inappropriate or damaging to SoleHub.

YOUR CONDUCT

You are solely responsible for your conduct and activities on this Site and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display. Your Content and your use of the Site shall not:

  • be false, inaccurate or misleading;
  • be fraudulent or involve the sale of illegal, counterfeit or stolen items;
  • infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
  • be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person, or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device;
  • be obscene or contain child pornography;
  • contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and/or
  • transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation.

CONTENT

When providing us with content or posting content using SoleHub’s Services, you grant us a non‐exclusive, worldwide, perpetual, irrevocable, royalty‐free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future.

Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights against us, our sublicensees or assignees.

You represent and warrant that none of the following infringe any intellectual property right: your provision of content to us, your posting of content using the Services, and our use of such content (including of works derived from it) in connection with the Services.

OWNERSHIP OF INTELLECTUAL PROPERTY

You acknowledge and agree that (i) our patents, trademarks, trade names, service marks, copyrights and other intellectual property (collectively, “Intellectual Property”) are, and shall remain, our sole property, and (ii) nothing in this Agreement shall confer in you any right of ownership or license rights in our Intellectual Property. In addition, you shall not now or in the future contest the validity of SoleHub’s Intellectual Property.

The software, the Site and/or our Services, including without limitation all text, graphics, logos, buttons, icons, images, audio clips, and computer programs, are the property of SoleHub or its suppliers, and are protected by U.S. and international copyright, trademark and other laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site or through our Services is the exclusive property of SoleHub and protected by U.S. and international copyright law. Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content on the Site or through our Services is strictly prohibited.

RESOLUTION OF DISPUTES AND RELEASE

In the event a dispute arises between you and SoleHub, please contact SoleHub. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in New York County, New York, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Southern District of New York. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and SoleHub agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Should you have a dispute with one or more users, or an outside party, you release SoleHub (and SoleHub’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. SoleHub encourages users to report user‐to‐user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable. SoleHub, for the benefit of users, may try to help users resolve disputes. SoleHub does so in SoleHub’s sole discretion, and SoleHub has no obligation to resolve disputes between users or between users and outside parties. To the extent that SoleHub attempts to resolve a dispute, SoleHub will do so in good faith based solely on SoleHub’s policies.

REMOVAL OF CONTENT AND SUSPENSION OF ACCOUNT

Without limiting any other remedies, SoleHub may, without notice, and without refunding any fees, delay or immediately remove Content, warn SoleHub’s community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply: SoleHub suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, or other policy documents and community guidelines incorporated herein; SoleHub is unable to verify or authenticate any of your personal information or Content; or SoleHub believes that a user is acting inconsistently with the letter or spirit of SoleHub’s policies, has engaged in improper or fraudulent activity in connection with SoleHub or the actions may cause legal liability or financial loss to SoleHub’s users or to SoleHub.

PRIVACY

Except as provided in SoleHub’s Privacy Policy, SoleHub will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent.

NO WARRANTY

SOLEHUB’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SOLEHUB'S SUPPLIERS PROVIDE SOLEHUB’S WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. SOLEHUB, SOLEHUB’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND SOLEHUB’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON‐INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM SOLEHUB SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

LIABILITY LIMIT

IN NO EVENT SHALL SOLEHUB, AND (AS APPLICABLE) SOLEHUB’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR SOLEHUB’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, SOLEHUB’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. SOLEHUB’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF SOLEHUB’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO SOLEHUB IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

INDEMNITY

YOU AGREE TO INDEMNIFY AND HOLD SOLEHUB AND (AS APPLICABLE) SOLEHUB’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

NO GUARANTEE

SoleHub does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside SoleHub’s control.

LEGAL COMPLIANCE; TAXES

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any SoleHub service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on SoleHub’s net income).

SEVERABILITY

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.

NO AGENCY

You and SoleHub are independent contractors, and no agency, partnership, joint venture, employee‐employer or franchiser‐franchisee relationship is intended or created by this Agreement.

THE SERVICE

SoleHub reserves the right to modify or terminate the SoleHub service for any reason, without notice, at any time. SoleHub reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If SoleHub makes a material change SoleHub will notify you here, by email, by means of a notice on our home page, or other places SoleHub deems appropriate. What constitutes a “material change” will be determined at SoleHub’s sole discretion, in good faith, and using common sense and reasonable judgment.

CHOICE OF LAW

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of New York, excluding its conflicts of laws rules, and the United States of America.

NOTICES

Except as explicitly stated otherwise, any notices shall be given by postal mail to SoleHub; Attn: Legal (in the case of SoleHub) or, in your case, to the email address you provide to SoleHub (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, SoleHub may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to SoleHub. In such case, notice shall be deemed given three days after the date of mailing.

GENERAL PROVISIONS

This Agreement (and all documents, terms, or policies incorporated by reference) constitutes the entire agreement between you and SoleHub pertaining to the subject matter hereof and supersedes all prior agreements and understandings between you and SoleHub with respect to the subject matter hereof, whether written or oral. No amendment, modification or supplement of any provision of this Agreement will be valid or effective unless made in accordance with the express terms of this Agreement. Unless stated otherwise in this Agreement, if any provision of this Agreement is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of this Agreement shall not be affected. SoleHub may assign or transfer this Agreement at any time. You may not assign or transfer this Agreement, or any of its rights or obligations, without the prior written consent of SoleHub, which we can refuse in our sole discretion. Unless stated otherwise in this Agreement, nothing in this Agreement is intended to confer benefits, rights or remedies unto any person or entity other than the parties hereto and their permitted successors and assigns. The subject heading at the beginning of each paragraph of this Agreement is for reference purposes only and in no way defines, limits, construes or describes the scope or extent of such paragraph.

SOLEHUB, LLC

PRIVACY STATEMENT AND POLICY

SoleHub, LLC (“SoleHub”) values the relationship with its users, and protecting the privacy of our users is an important part of this relationship. SoleHub is committed to providing a secure way for our users to shop on‐line. SoleHub will not distribute personal information to third parties and will take substantial steps to ensure that your transactions with us are secure.

USE OF YOUR INFORMATION

SoleHub requires your name, address, e‐mail address, and telephone number in order to register with us. We will not sell, rent or loan any information that may personally identify our users to a third party. The only information that may be shared with a third party is general information about the spending habits of our users so that we may enhance our services to our users.

SoleHub realizes that our users may be hesitant to provide personal information. However, SoleHub needs to request personal information in order custom tailor our services to better serve our users. At times SoleHub may consult with third parties on how we may better service our users. SoleHub assures that during such consultations no personally identifiable information about any specific user will be disclosed or shared. In addition, SoleHub assures that any information given to third parties will not include personal information that may be used to identify a particular user. Any information given to third parties will only be given for the purpose of improving SoleHub services to its users.

SoleHub will only release a user’s personal information to the extent necessary for processing credit card transactions and if required by law.

SoleHub encourages users to review and browse our web site so that they can see if SoleHub offers the services they are seeking. When a user is viewing the web site in this manner no personal information is necessary. However, in order to utilize SoleHub services, users must open up an account with us on the web site. SoleHub has made it easy to open an account and only asks for information that is necessary. To open an account with SoleHub, a user needs to provide their name, address, e‐mail address, telephone number, credit card number, logon name and password. SoleHub gives the user the freedom to change their personal information easily through their account. At any time, a user can easily change their personal information by merely changing it after they have properly logged onto the SoleHub web site.

At times, SoleHub may contact an account holder by telephone, mail or e‐mail to inform them of upcoming specials and sales or to ask for suggestions on improving the service of SoleHub. SoleHub may use the assistance of a third party to provide such information to users. Of course, if the user does not wish to receive such notices they can make such a request on the web site.

SoleHub may at times conduct special promotion contests or surveys. These contests and/or surveys are used to improve the service to our users. We may ask for information regarding a user’s spending habits, age, geographic location and income level. Although, all such surveys are completely voluntary, at no time will the information be used in a way that will disclose the identity of a particular user of SoleHub.

SoleHub knows that some users may be uncomfortable with using a credit card on‐line. In order to address those concerns, we have taken substantial steps to maintain the privacy of its users when placing orders. In particular, SoleHub uses Stripe.

We would like to remind our users that the security of their account is dependent on them maintaining the secrecy of their account name and password. Users are advised to not give their passwords to anyone not authorized to access their accounts. In addition, we will never call an account holder to ask for a password, only an account holder may contact SoleHub and give their password to an authorized employee of SoleHub.

While a user is using the SoleHub site, the web server may send a cookie to the user’s computer. A cookie is a small computer program that is stored in the user’s hard drive that keeps track of certain actions taken by the user during the time that they use the SoleHub site. The cookies that are used by SoleHub are used to provide better service to the user. The cookies are typically used so that the SoleHub web pages are temporarily stored in the user’s computer so that should the user want to go back to certain web page the computer will not have to completely download the page a second time. At no time will the cookie be used by SoleHub to store or copy personal information for third part use.

SoleHub keeps track of ISP addresses for the purpose of improving the service of the site. SoleHub will use the ISP address log to see which areas of the site are used more often than others and will make improvements to the site to improve the efficiency of the areas that are frequently used by users. SoleHub will typically discard the log. At no time will SoleHub use the ISP address to link to anything that may be used to identify a particular individual user.