Terms & Conditions

Last updated: November 19, 2024

1. Introduction.

Welcome to Sneex!

These Sneex Terms of Use (the “Terms”) create a legally binding agreement between you and Sneex, LLC (which we may refer to as “Sneex”, “we”, “us” or “our”). Please read these terms carefully before using the platform.

By clicking “I Agree” to these Terms or by accessing or using this website, our social media platforms, any digital experiences we provide, our mobile or desktop application, any products or services we offer, or any of our associated features, functionalities and/or Content (as defined below) all of which are part of the Sneex platform (collectively, the “Platform”), you accept and agree to these Terms and confirm that you have the legal authority to do so.

These Terms incorporate by reference, and you agree to be bound by, the: (a) Sneex privacy policy (available at https://sneex.com/policies/privacy-policy) (“Privacy Policy”) and (b) (to the extent you purchase any products from us) the Sneex terms and conditions governing the sale of goods (available at https://sneex.com/pages/faq) (“Terms of Sale”).

Please carefully review the Privacy Policy and the Terms of Sale in connection with your access and use of the Platform. If you do not agree to all of these Terms, the Privacy Policy or the Terms of Sale, do not use the Platform.

PLEASE NOTE THAT THESE TERMS INCLUDE A MUTUAL ARBITRATION AGREEMENT IN SECTION 14 BELOW, IN WHICH YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

2. Eligibility.

Age and Access: Certain countries and regions may have specific age requirements to use our Platform. To eligible to use the Platform, you must: (a) be of legal age in your country/region (or at least 18 years old in the United States); and (b) have not previously been prohibited, suspended or removed from accessing or using the Platform.

Accuracy of Information: When you register for an account, you will be asked to provide us with information about yourself, such as your email address, phone number or other contact information. You represent, warrant and covenant that the information you provide to us is accurate and not misleading and that you will keep such information accurate and up to date at all times.

Responsibility for Account: You are solely responsible for maintaining the confidentiality of your account access credentials. You may not share your account access credentials with others, and you are responsible for all actions taken on or in connection with your account. You cannot register for more than one account, register an account on behalf of someone else or transfer your account to anyone else. You must inform us immediately if there is any unauthorized use of your account. You are responsible for anything that happens by or through your account, regardless of whether it was with or without your permission. You may cancel your account at any time by contacting customer service at legal@sneex.com.

3. Access to and Use of the Platform.

3.1. Site Materials. Except for User Contributions (as defined below), all of the content on our Platform, including all software, scripts, code, content, data, user interfaces, design, graphics, look and feel of the Platform, and any buttons, text, icons, images, video clips, audio clips, sounds, pictures, sketches, animations, advertising copy and interactive features contained therein (collectively, “Content”) are owned by us or our third-party licensors.

3.2. Accuracy of Content. In the event the Content includes any information which is not accurate, complete, up-to-date or free of errors (collectively, “Inaccuracies”), including Inaccuracies related to pricing and availability of products, we reserve the right to correct such Inaccuracies at any time (including after your order has been submitted) and without notice.

3.3. License to the Content and Site. Limited License. Subject to your strict compliance with these Terms, we hereby grant you a limited, revocable and non-transferable license to: (a) access, view and download (in temporary storage only) the Content on supported devices; (b) copy Content from the Platform, solely without the aid of any automated processes and only as necessary for your personal non-commercial use to view, save, print or e-mail such information; and (c) download, access and use the Platform on your mobile device solely for your personal, non-commercial use and for the limited purpose of viewing Content on our Platform (the foregoing, the “Limited License”).
License Term. The Limited License will remain in effect unless and until we or you terminate these Terms, the Limited License or your account. We reserve the right to monitor your use of the Platform and to alter or revoke the Limited License or your access to the Content at any time and for any reason. We also reserve the right to take down any Content in violation of these Terms or our intellectual property rights. Providing this Limited License does not constitute a waiver of any of our rights to the Content.

3.4. Mobile Applications. A compatible mobile phone, tablet, console, mobile device or other technology may be required to access the Platform via the Sneex mobile application. You may use mobile data in connection with the Platform and may incur additional charges from your wireless provider for using the Platform and you are solely responsible for any applicable charges. We may automatically and electronically update the version of the Platform that you have installed on a mobile device at any time. You consent to all automatic updates and understand that these Terms will apply to all updated versions of the mobile application, regardless of whether the version of the Platform is updated on your mobile device by us, by you or automatically.
4.Intellectual Property Rights.

4.1. Ownership. All right, title and interest in and to the Platform, any trademarks (e.g., the SNEEX name), logos, trade names, trade dress, service marks and trade identities of various parties (collectively, “Marks”) and all Third-Party Materials (as defined below) contained on the Platform are the property of Sneex, our licensors or certain third parties, all of which is protected by U.S. and international copyright, trademark and other intellectual property laws. Except as explicitly stated in these Terms, we, our licensors and such other third parties reserve all rights in and to the Platform, Marks, Third-Party Materials and Content, and you may not make use of the Platform, Marks, Third-Party Materials or Content except as explicitly granted in these Terms. You may not remove, obscure or modify any copyright or other intellectual property notices that appear on or in the Platform or Content. Unauthorized use of the Platform, Marks, Third-Party Materials or Content may constitute a breach of copyright, trademark or other intellectual property laws and may subject you to criminal or civil charges and penalties.

4.2. Trademark Restrictions. You do not acquire a license or any ownership rights to any Marks through your access or use of the Platform or Content. You may not use any meta-tags or other hidden text using any of the Marks. You will not take any action in derogation of our rights in the Marks, including, but not limited to, using any Mark in a confusing or disparaging manner, or applying to register any trademark, trade name, service mark or other designation anywhere in the world that is confusingly similar to any Mark.
5. Feedback; User Contributions.

5.1.Feedback. To the extent you provide us with any feedback, suggestions or comments with regard to the Content or the Platform (“Feedback”), such Feedback is provided on a non-confidential basis, and you agree to assign and hereby assign to us all right, title and interest in and to the Feedback. To the extent an assignment of Feedback is not allowed by applicable law, you hereby grant to us a perpetual, irrevocable, worldwide, exclusive, transferable, fully sublicensable, fully paid-up, royalty-free license to use the Feedback without notice, compensation or acknowledgement to you, for any purposes whatsoever, including, but not limited to, developing and marketing products and services and creating, modifying or improving our products and services.

5.2. User Contributions. If you choose to submit information or material, including pictures, text, videos, comments or other content to us on or through the Platform other than Feedback (such information, “ User Contributions”), you own such User Contributions, but when you post them, you grant to Sneex a non-exclusive, unrestricted, irrevocable, perpetual, transferrable, sublicensable, fully paid up, royalty-free license to use, reproduce, display, perform, modify, transmit, create derivate works of, use and distribute such User Contributions for any purpose, including commercial use. You hereby irrevocably waive, to the fullest extent permitted by applicable law, any claims and assertions of moral rights or attribution with respect to User Contributions. Deleted User Contributions may reside in our systems and on the Platform to the extent your User Contributions have been publicly posted or shared with others who have not deleted it unless you or the relevant individual request deletion or blocking of personal data in accordance with applicable law.

5.3. Representations and Warranties. By submitting User Contributions and/or Feedback to us through the Platform, you represent, warrant and covenant that: (a) you own or control all rights in and to such User Contributions and Feedback as you submitted; (b) you have the right to grant the license or assignment granted in Sections 5.1 and 5.2, as applicable, to us and our service providers, and each of our respective licensees, successors and assigns; (c) the User Contributions and Feedback submitted do not violate any applicable federal, state, local or international law or regulation; (d) our use of the User Contributions and any Feedback will not infringe, misappropriate or otherwise violate the rights, including any intellectual property rights or other rights, of any person; and (e) User Contributions and Feedback do and will comply with our Content Standards (as defined below).

6. Content Standards; PROHIBITED USE.

6.1. Content Standards. You agree that any and all User Contributions and Feedback will not:

contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
promote sexually explicit or pornographic material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
infringe any intellectual property or other rights of any other person;
violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms or our Privacy Policy or Terms of Sale;
be likely or intended to deceive any person;
promote any illegal activity or advocate, promote or assist any unlawful act;
cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
impersonate any person, or misrepresent your identity or affiliation with any person or organization; or
involve commercial activities or sales, such as contests, resales, sweepstakes or other sales promotions, barter or advertising (collectively, the “Content Standards”).

Sneex reserves the right, but is not obligated to, monitor, modify or remove User Contributions or Feedback at any time for: (1) actual or suspected violation of the Content Standards or (2) compliance with applicable laws, in our sole discretion.

6.2. Prohibited Use. Except as otherwise expressly permitted by these Terms, you agree that you will not, during or after your use of the Platform or any Content:

copy, reproduce, modify, create derivative works of, alter, publicly distribute, republish, reverse-engineer, decompile, disassemble, upload, post, transmit, publicly perform or display, license, transfer, sell, mirror, frame, “deep link,” “scrape,” data mine, extract or otherwise use any Content or other technology, services, information or material obtained from or through the Platform except as expressly allowed in these Terms;
attempt to gain unauthorized access to any accounts or any portion or feature of the Platform or any other systems or networks connected to the Platform or to any of our servers, by hacking, password “mining” or any other illegitimate or prohibited means;
probe, scan or test the vulnerability of the Platform or any network connected to the Platform, or breach or circumvent the security or authentication measures on the Platform;
reverse look-up, trace, seek to trace the Platform or collect or attempt to collect any information about other users of, or visitors to, the Platform;
take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform, our systems or networks or any systems or networks connected to the Platform;
use any device, software or routine to disrupt, impair or interfere with the operation or integrity of the Platform, or any transaction conducted on or third party use of the Platform;
forge headers, impersonate a person or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to us on or through the Platform;
use the Platform or Content in any way that violates or is prohibited by any applicable law or regulation or for any purpose that is prohibited by these Terms; or
introduce viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful to the Platform.

Any unauthorized use of the Platform or the Content is strictly prohibited and will immediately and automatically terminate the permissions granted herein and may violate applicable laws, including but not limited to copyright laws, trademark laws and commercial regulations and statutes.

6.3. Personally Identifiable Information. You are prohibited from posting any User Contributions or Feedback containing sensitive personal information (whether of your own or of another person), such as social security number, passport number, national identification number, driver’s license number, immigration status or number, health data or insurance information or number or any other similar data, number, code or identifier. Posting such information may lead to identity theft and other adverse consequences. We may remove any such information, but do not undertake any obligation to do so, and have no responsibility and disclaim all liability for any posting of such information.

6.4. No Endorsement. We do not endorse and are not responsible for any User Contributions, Feedback or Third-Party Materials, including any opinion, advice, information or statement contained therein. You may come into contact with Content, User Contributions, Feedback or Third-Party Materials that you find harmful, offensive, threatening, indecent or objectionable, including, but not limited to, explicit language and other potentially offensive material, and to the extent permitted by applicable law, Sneex shall have no liability with respect to such content.

6.5. Termination. We reserve the right to refuse service, terminate your account, terminate your rights to use the Platform and/or remove or edit your User Contributions or Feedback in our sole discretion. We may also terminate these Terms, and all licenses and rights granted to you, at any time and for any reason.

7. Reselling.

Only end customers may make purchases on the Platform. Purchasing products on the Platform with the intention of reselling such products to third parties is strictly prohibited and is considered a breach of these Terms. We reserve the right to take any legal action we deem necessary in response to any suspicion that you are purchasing with the intent to resell, including but not limited to, restricting sales to you, cancelling your orders or closing your account(s).

8. Electronic Communications.

When you visit the Platform or send e-mails to us, you are communicating with us electronically and you consent to receive communications from us electronically to the e-mail address you provide. We will communicate with you by e-mail, and you consent that all agreements, notices, disclosures and other communications that we provide to you in e-mail form satisfy any legal requirement that such communications be in writing, and you expressly waive any right to receive hard copy communications via personal delivery, mail, courier or any other method. You further consent to receive promotional emails from us regarding products and services offered by Sneex, its partners and/or affiliates. If you do not wish to receive promotional communications from us, you may opt out of such communications by following the directions included with the message or by emailing us at legal@sneex.com. Please note that we may continue to send you certain communications, such as those related to your direct inquiries, orders or use of the Platform.

9. Third-Party Services and Materials.

9.1. Third-Party Materials. The Platform may display, include or make available Content, data, information, applications, plugins, products, services, resources, platforms, functionality or materials from third parties (including Sneex affiliates) or provide links to certain third-party websites, webpages, platforms or applications, including payment processing services (collectively, “Third-Party Materials”). Any activities in which you engage in connection with any Third-Party Materials are subject to the privacy and other policies, terms and conditions of use, service and/or sale and rules issued by the provider of such Third-Party Materials, which we encourage you to review (and are not controlled by Sneex). Third-Party Materials are provided solely as a convenience to you and should not be interpreted as approval by us of those Third-Party Materials. WE ARE NOT RESPONSIBLE FOR THE CONTENTS OF, OR THE CONSEQUENCES OF ACCESSING, ANY SUCH THIRD-PARTY MATERIALS AND DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY OR APPROPRIATENESS OF THE INFORMATION CONTAINED THEREIN. YOU USE AND INTERACT WITH ALL THIRD-PARTY MATERIALS AT YOUR OWN RISK . The foregoing disclaimer of warranties applies to the maximum extent permitted by applicable law; however, some jurisdictions do not permit certain disclaimers of warranties, so parts of this section may not apply to you.

9.2. Content on Social Media. The Content on our social media channels, including but not limited to, X (formerly known as Twitter), Instagram, LinkedIn, YouTube, Facebook and Medium is provided “As-Is” and for informational purposes only. We do not warrant the accuracy, completeness or usefulness of any information available on our social media channels. We do not control and are not responsible for any third-party content on such channels or on other third-party sites that may be linked to such channels. Such third-party content or sites may not reflect our views. To the maximum extent permitted by applicable law, we are not responsible for your use of such channels or such third-party content or sites, or for any third-party’s policies or practices regarding security, privacy, use or other matters.

9.3. Third-Party Sharing. The Platform may contain features and functionalities which allow you to create links or otherwise share our Content on certain third-party websites, including social media sites (“Third-Party Sharing”). You may use the Third-Party Sharing features, provided that you: (a) link only to the Sneex homepage of https://sneex.com; (b) do not use Third-Party Sharing to suggest our association, approval or endorsement without our prior written consent; and (c) at all times comply with Section 6.2. We reserve the right, at any time and without fault to you, to remove any Third-Party Sharing features and request that you remove any links, which you shall comply with immediately.

10. International Shipping and Customs Fees.

10.1 International Shipments. Delivery of Products purchased from Sneex shall occur, and risk of loss and title to Products shall pass to customer, at the time Sneex transfers the Products to the carrier or shipping agent at the facility in the United States from which customer's order is shipped.

10.2 Custom Fees. Orders shipped outside the United States may be subject to customs import duties and/or taxes based on the destination country. If assessed, customs fees (i.e., duties and taxes) are the responsibility of the customer. Sneex is unable to predict or control customs charges as they are levied by the destination country.

11. Disclaimer of Warranties.

THE PLATFORM, AND ALL CONTENT, PRODUCTS OR SERVICES AVAILABLE THROUGH OR ON THE PLATFORM, INCLUDING THIRD-PARTY MATERIALS, IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY (INCLUDING, BUT NOT LIMITED TO, PRICING AND AVAILABILITY OF PRODUCTS), ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE, ALL OF WHICH ARE HEREBY DISCLAIMED BY SNEEX.

WE DO NOT REPRESENT OR WARRANT THAT THE PLATFORM OR ANY CONTENT OR OTHER SERVICES AVAILABLE THROUGH OR ON THE SERVICES ARE OR WILL BE ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IT IS YOUR RESPONSIBILITY TO TAKE ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL CODE. IN ADDITION, YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY OF YOUR DATA AND ANY CONTENT WHICH YOU SUBMIT THROUGH THE PLATFORM. IN NO EVENT WILL SNEEX BE LIABLE FOR THE LOSS, DESTRUCTION OR UNAUTHORIZED DISCLOSURE OF YOUR DATA.

The foregoing disclaimers of warranties apply to the maximum extent permitted by applicable law; however, some jurisdictions do not permit certain disclaimers of warranties, so this section may not apply to you.

12. Limitation of Liability.

IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, DIRECTORS, OFFICERS, REGISTERED REPRESENTATIVES, EMPLOYEES, AGENTS, LICENSORS OR THIRD-PARTY VENDORS, BE LIABLE OR HAVE ANY LIABILITY FOR, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES, LOST PROFITS OR LOST DATA ARISING OUT OF, RELATED TO OR IN ANY WAY IN CONNECTION WITH YOUR: (A) ACCESS OR USE OR INABILITY TO ACCESS OR USE THE PLATFORM OR THE CONTENT, THE PERFORMANCE OF ANY PRODUCTS PURCHASED ON THE PLATFORM, OR THE CONDUCT OF ANY OTHER PLATFORM USER; (B) ANY FAILURE OF PERFORMANCE, INTERRUPTION, DEFECT, DELAY IN TRANSMISSION, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS OR LINE OR SYSTEM FAILURE ASSOCIATED WITH THE PLATFORM; (C) ANY LOSSES YOU MAY SUSTAIN FROM INTERACTING WITH OTHER USER CONTENT OR THIRD-PARTY MATERIALS, IN EACH CASE, REGARDLESS OF OUR KNOWLEDGE THEREOF; OR (D) ANY LOSS OR UNAUTHORIZED DISCLOSURE OF YOUR DATA OR INFORMATION.

YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST US IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. IF WE ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM OR ANY CONTENT, OUR LIABILITY SHALL NOT EXCEED US$100.00.

The foregoing limitations of liability apply to the maximum extent permitted by applicable law; however, some jurisdictions do not permit certain limitations of liability, so this section may not apply to you.

13. Indemnity.

12.1. User Indemnification. You agree to indemnify, defend and hold us and our subsidiaries, affiliates, officers, agents, employees, licensors and third-party vendors harmless from and against all claims, liabilities, damages, losses, expenses or costs (including, without limitation, reasonable attorney fees and costs), arising out of, related to in any way or incurred in connection with: (a) your failure to comply with applicable laws, regulations, these Terms, the Privacy Policy, the Terms of Sale and any other third-party policies, terms and conditions, if and as applicable to you; (b) our use of User Contributions and Feedback as contemplated or permitted under these Terms; (c) your violation of any rights of a third party; or (d) your use of the Platform (and all Content contained therein).

The foregoing indemnity obligations apply to the maximum extent permitted by applicable law; however, some jurisdictions do not permit certain indemnity obligations, so this section may not apply to you.

14. Changes and Modifications.

To the extent your applicable jurisdiction does not allow for unilateral changes to consumer terms, this section does not apply to you. We may change, modify, add or remove portions to the Platform, the Content, these Terms, the Privacy Policy or the Terms of Sale at any time (and if the change is material, we will post a notice on the Platform). Your continued use of the Platform following such modifications will be conclusively deemed acceptance of any changes to these Terms, the Privacy Policy, respectively, and/or the Terms of Sale. We recommend that you review the Platform often for such changes and modifications. Except for changes by us as described in this Section 13, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us. If you have any questions or comments about these Terms, the Privacy Policy or the Terms of Sale, please contact us by email at legal@sneex.com.

The foregoing right to make unilateral changes to these Terms applies to the maximum extent permitted by applicable law; however, some jurisdictions do not permit unilateral changes to consumer terms, so this section may not apply to you.

15. Dispute Resolution.

15.1. Informal Dispute Resolution. In the event any dispute arising out of or relating to these Terms (“Dispute”) between you and us occurs, you agree to first notify us, via email at legal@sneex.com, and in reasonable detail, describe such Dispute. Only after we cannot resolve the Dispute informally, following ninety (90) days from the date of your submission of such Dispute, may you begin a formal proceeding.

15.2. Agreement to Individual Arbitration. PLEASE REVIEW THIS SECTION CAREFULLY, AS WE AND YOU MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY, AND AGREE TO RESOLVE ANY CLAIM OR DISPUTE AGAINST EACH OTHER ON AN INDIVIDUAL BASIS IN ARBITRATION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS SECTION (“ARBITRATION AGREEMENT”).

15.3. Arbitration of Disputes. Following the informal dispute process as described in Section 14.1 (as applicable), both you and we agree that any Dispute will proceed and be exclusively resolved by binding arbitration, and not in a court of law. Such arbitration will be conducted only on an individual basis. Subject only to the exceptions expressly set forth in Section 14.6, both you and we are waiving our respective rights to resolution of any Dispute in a court of law. Both you and we also waive our respective rights to participate as a plaintiff, representative or member in any purported class, collective, representative or consolidated action, in court or in arbitration, to the fullest extent permitted by law (“Class, Collective, and Representative Action Waiver”).

15.4. Governing Law and Rules. Both you and we agree and acknowledge that the Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”) will govern its interpretation and enforcement. The arbitration will be administered by the American Arbitration Association, Inc. (“AAA”) in accordance with the AAA’s Commercial Arbitration Rules (“AAA Rules”) then in effect. Both you and we agree that the arbitrator will have exclusive authority to resolve the Dispute, as well as threshold arbitrability disputes including those relating to the interpretation, applicability, enforceability, validity or formation of the Arbitration Agreement; provided that any Dispute involving the applicability or enforceability of the Class, Collective, and Representative Action Waiver will be resolved exclusively by a court and not by an arbitrator. Despite any provision of these Terms to the contrary and to the extent the Class, Collective, and Representative Action Waiver is finally adjudicated to be unenforceable by a court of competent jurisdiction, then such Dispute will be severed from any remaining claims or disputes and will be brought in a court of competent jurisdiction; provided that the Class, Collective, and Representative Action Waiver will be enforceable for all other Disputes in accordance with Section 14.7. Any issue not governed by the FAA and AAA Rules will be resolved under the laws of the state of Georgia to the fullest extent permitted by law.

15.5. Procedure. A party that seeks to initiate arbitration must provide the other party with a written Demand for Arbitration, as specified in the AAA Rules. Both you and we agree that arbitration will be conducted by a single arbitrator (“Arbitrator”) selected by mutual agreement of you and us (or appointed by AAA if you and we cannot agree) from the AAA’s roster of commercial dispute arbitrators. Your and our rights to an arbitration hearing shall be determined by the Arbitrator in accordance with the AAA Rules. Unless you and we agree otherwise, the arbitration will be conducted in Atlanta, Georgia, and the laws of the State of Georgia shall be the governing law. The Arbitrator will issue a reasoned, final, and binding decision and judgment on the Arbitrator’s award may be entered in any court having appropriate jurisdiction.

15.6. Exceptions to Arbitration. This Arbitration Agreement shall not apply to either party: (a) bringing an individual action in small claims court or (b) seeking injunctive relief in a court of law. Our agreement not to require arbitration of these claims does not waive the enforceability of any other provision of this Arbitration Agreement.

15.7. Severability. If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason: (a) the unenforceable or unlawful provision will be severed from this Arbitration Agreement; (b) the remainder of the Arbitration Agreement will be given full force and effect; and (c) severance of the unenforceable or unlawful provision will have no impact on the remainder of the Arbitration Agreement or your and our ability to compel arbitration of any remaining claims on an individual basis; provided that severance will not result in severing the Class, Collective, and Representative Action Waiver in Section 14.3 in any manner that permits mass arbitration, to which you and we expressly do not consent.

The foregoing binding arbitration requirement applies to the maximum extent permitted by applicable law; however, some jurisdictions do not permit binding arbitration requirements, so this section may not apply to you.

16. Governing Law; Limitations on filing.

16.1. Choice of Law. To the extent the Arbitration Agreement does not apply, these Terms and your access to and use of the Platform will be governed by, construed and enforced exclusively in accordance with the laws of Georgia, without regard to conflict of law rules or principles (whether of Georgia or any other jurisdiction).

16.2. Limitation to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

The foregoing limitation to file a claim applies to the maximum extent permitted by applicable law; however, some jurisdictions do not permit limitations to file a claim, so this section may not apply to you.

17. DMCA Management.

If you believe that your intellectual property rights are being infringed on the Platform, please contact us via email at legal@sneex.com or by writing to us at P.O. Box 550829, Atlanta, GA, 30355. Please consult your legal advisor before filing a notice with us as there may be penalties for false claims. We may terminate the accounts of Platform users found to infringe third-party copyrights. For copyright complaints only, you may also contact our Copyright Agent at legal@sneex.com and provide the following information in connection with your infringement claims:

A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of the location within the Platform of the material that you claim is infringing;
Your address, telephone number and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

18. Order of Precedence.

In the event of any inconsistency or conflict between the terms and conditions of these Terms and/or the Terms of Sale, the following order of precedence shall control: first, the Terms of Sale, and second, these Terms.

19. Miscellaneous.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. Any failure by you or us to enforce any provision of these Terms will not constitute a waiver of such provision or of any other provision of these Terms. Except as otherwise expressly provided in these Terms, there will be no third-party beneficiaries to the Terms. Headings are for reference purposes only and in no way define, limit, construe or describe the scope of such section. These Terms, the Privacy Policy and the Terms of Sale constitute the entire agreement between you and us and govern your use of the Platform, superseding any prior agreements between you and us with respect to the Platform. No joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms or your access to and use of the Platform. Your rights and duties under these Terms are not assignable by you without our written consent, and any prohibited assignment is null and void. These Terms will inure to the benefit of, and are intended to be enforceable by, the parties hereto and their respective successors and permitted assigns. Any provision of these Terms that imposes or contemplates continuing obligations on you or us will survive the expiration or termination of these Terms.

20. Mobile Terms of Service.

The Sneex mobile message service (the "Service") is operated by Sneex, LLC (“Sneex”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Sneex’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Sneex through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Sneex. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18446745334 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Sneex mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18446745334 or email customercare@sneex.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.

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