Terms of Service

    Date of Last Revision: March 2, 2022

    US and CA

    Acceptance of These Terms of Service

    CollectSavy US, Inc. ("CollectSavy," "we," "us," or "our") provides our services (described below) and related content to you through our website(s) located at www.collectsavy.com (the "Site") and through our mobile applications and related technologies ("Mobile Apps", and collectively, such Mobile Apps and the Site, including any updated or new features, functionality and technology, the "Service"). All access and use of the Service is subject to the terms and conditions contained in these Terms of Service (as amended from time to time, these "Terms of Service"). By accessing, browsing, or otherwise using the Site, Mobile Apps, or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use the Service.

    We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

    PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION.

    Your Privacy: At CollectSavy, we respect the privacy of our users. For more information please see our Privacy Policy.

    Additional Terms: In addition, when using certain features through the Service, you will be subject to any additional terms applicable to such features that may be posted on or within the Service from time to time.

    Access and Use of the Service

    Service Description: The Service is designed to provide you with a membership-based service built on community and dedicated to reshaping how enthusiasts grow their collections, connect with others, and enjoy their passion.

    Your Registration Obligations: You may be required to register with CollectSavy in order to access and use certain features of the Service. If you choose to register, you agree to provide and maintain true, accurate, current, and complete information about yourself. If you are under 18 years of age, you are not authorized to use the Service.

    Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account details, and are fully responsible for any and all activities that occur under your password or account.

    Modifications to Service: CollectSavy reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

    General Practices Regarding Use and Storage: You acknowledge that CollectSavy may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained.

    Conditions of Access and Use

    User Conduct: You are solely responsible for all content that you make available to CollectSavy. You agree to not use the Service to:

    1. Upload any content that infringes intellectual property rights, contains viruses, constitutes spam, or is otherwise objectionable;
    2. Interfere with or disrupt the Service or servers connected to the Service;
    3. Violate any applicable law;
    4. Impersonate any person or entity;
    5. Solicit personal information from anyone under 18;
    6. Harvest email addresses or contact information of other users;
    7. Advertise or offer to sell or buy goods or services without authorization;
    8. Further or promote any criminal activity;
    9. Obtain content through any means not intentionally made available through the Service;
    10. Circumvent, remove, alter, or thwart any content protections or geographic restrictions;
    11. Engage in data mining, robots, scraping, or similar data gathering methods.

    Code of Conduct: CollectSavy prohibits discrimination, harassment and bullying in any form—verbal, physical, or visual. We are committed to a violence-free community. There will be ZERO tolerance for abuse in our community.

    Competitors: No employee, independent contractor, agent, or affiliate of any competing shoe company is permitted to view, access, or use any portion of the Service without express written permission from CollectSavy.

    Fees

    To the extent the Service or any portion thereof is made available for any fee, you may be required to select a payment plan and provide payment information. You agree to pay CollectSavy the amount specified in the payment plan. We reserve the right to change prices with at least thirty (30) days notice.

    Recurring Membership Fees: If you join as a member with an auto renewal feature ("Recurring Membership"), you authorize CollectSavy to maintain your account information and charge that account automatically upon renewal. Payments are nonrefundable and there are no refunds or credits for partially used periods. You may cancel a Recurring Membership at any time, but will continue to have access through the end of your current membership period.

    Payment Processing: CollectSavy does not process payment directly. We use Stripe, Inc. and its affiliates, and other third-party payment processors. CollectSavy assumes no liability or responsibility for any payments you make through the Service.

    Refunds: Payments made by you to CollectSavy for Items are final and non-refundable, unless otherwise determined by CollectSavy.

    Purchase and Sale Transactions Between CollectSavy and You

    The Service may permit you to purchase shoes, accessories or other products ("Items") from us directly. All orders are subject to availability and confirmation of the order price. A contract between us will not be formed until we send you confirmation by email that the Items have been dispatched. CollectSavy does not accept returns for any items purchased directly from us.

    Purchase, Trade and Sale Transactions Between CollectSavy Users

    The Service provides an online marketplace ("Marketplace") where users can list, buy, trade and sell Items. CollectSavy is not a party to such sale or purchase. You bear all risks in selling or purchasing Items on the Service.

    CollectSavy prohibits the listing or sale of counterfeit items. All purchases are final, with no returns, refunds, cancellations, or retractions allowed. If there is an issue, please contact support@collectsavy.com.

    Mobile Services and Software

    The Service includes certain services available via a mobile device. Your wireless service carrier's standard charges may apply. CollectSavy grants you a limited, revocable, non-exclusive, non-transferable license to install and use the Mobile App for your own personal use.

    Intellectual Property Rights

    Service Content: The Service may contain content that is protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. You agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content.

    Trademarks: The CollectSavy name and logos are trademarks and service marks of CollectSavy.

    User Content: You represent and warrant that you own all right, title and interest in your User Content. You grant CollectSavy a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable license to use your User Content in connection with the operation of the Service.

    Third-Party Services and Websites

    The Service may provide links or access to services, sites, technology, and resources that are provided by third parties. CollectSavy has no control over and is not responsible for such Third-Party Services.

    Indemnification

    You agree to defend, indemnify, and hold harmless CollectSavy, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents from any and all losses, damages, expenses arising out of or relating to your use of the Service.

    Disclaimer of Warranties

    YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COLLECTSAVY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY.

    Limitation of Liability

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COLLECTSAVY PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS. IN NO EVENT WILL THE COLLECTSAVY PARTIES' TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU HAVE PAID COLLECTSAVY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

    Dispute Resolution By Binding Arbitration

    PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

    You agree that any and all disputes or claims that have arisen or may arise between you and CollectSavy will be resolved exclusively through final and binding arbitration, rather than a court. You and CollectSavy are each waiving the right to a trial by jury or to participate in a class action. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

    Termination

    You agree that CollectSavy, in its sole discretion, may suspend or terminate your account or use of the Service and remove and discard any content within the Service, for any reason.

    User Disputes

    You agree that you are solely responsible for your interactions with any other user in connection with the Service.

    General

    These Terms of Service constitute the entire agreement between you and CollectSavy governing your access and use of the Service. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions.

    Notice for California Users

    Under California Civil Code Section 1789.3, users of the Service from California are entitled to 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 via email at dca@dca.ca.gov.

    Questions? Concerns? Suggestions?

    Please contact us at tos@collectsavy.com and 1209 N Orange St, Wilmington, DE 19801.

    UK/EU Terms of Service

    Date of Last Revision: February 15, 2023

    CollectSavy US, Inc. ("CollectSavy," "we," "us," or "our") provides our services and related content to you through our website(s) located at www.collectsavy.com (the "Site") and through our mobile applications and related technologies. All access and use of the Service if you are located in the United Kingdom or European Union is subject to these Terms of Service. If you are located in the United States of America or any other jurisdiction outside of the UK or EU, our US Terms of Service govern your relationship with us.

    We reserve the right to change or modify portions of these Terms of Service at any time. In the event a change has an adverse impact on your rights and obligations, you may cancel your account within ten (10) days of the change coming into effect and we will provide you with a pro rata refund of any amounts paid in advance.

    Your Privacy: For more information please see our Privacy Policy.

    Access and Use of the Service

    Service Description: The Service is designed to provide you with a membership-based service built on community and dedicated to reshaping how enthusiasts grow their collections, connect with others, and enjoy their passion.

    Your Registration Obligations: You may be required to register with CollectSavy to access and use certain features. If you are under 18 years of age, you are not authorised to use the Service.

    Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account details.

    Modifications to Service: CollectSavy reserves the right to modify or discontinue the Service. If the Service is materially and adversely changed, you may cancel within ten (10) days and receive a pro rata refund.

    Conditions of Access and Use

    User Conduct: You are solely responsible for all content that you make available to CollectSavy. The same conduct restrictions apply as in the US/CA terms.

    Code of Conduct: CollectSavy prohibits discrimination, harassment and bullying in any form. There will be ZERO tolerance for abuse in our community.

    Commercial Use: The Service is for your personal use only.

    Fees, Payment and Recurring Memberships

    Fees, payment processing, and recurring membership terms follow the same principles as the US/CA terms, with the addition that CollectSavy will notify you by email at least seven (7) days prior to automatic renewal taking effect.

    Unless expressly stated otherwise, payments are non-refundable and there are no refunds or credits for partially used periods. You may cancel a Recurring Membership at any time.

    Purchase and Sale Transactions

    The Service may permit you to purchase Items from us directly. All orders are subject to availability. Our delivery charges and methods are as described at our store shipping page.

    Mobile Services and Software

    The Service includes certain services available via a mobile device. CollectSavy grants you a limited license to install and use the Mobile App for your personal use.

    Intellectual Property Rights

    The same intellectual property provisions apply as in the US/CA terms.

    Third-Party Services

    CollectSavy has no control over and is not responsible for Third-Party Services.

    Limitation of Liability

    Nothing in these Terms of Service shall limit or exclude our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.

    Governing Law and Jurisdiction

    These Terms of Service will be governed by the laws of England and Wales if you are located in the UK, or the laws of Ireland if you are located in the EU.

    Questions? Concerns? Suggestions?

    Please contact us at tos@collectsavy.com and 1209 N Orange St, Wilmington, DE 19801.