Welcome to the website. PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. The following rules ("Terms of Use") govern the use of each of the websites located at, or linked to, the URLs www.shiekh.com and the use of any of our co-branded websites that we maintain with one or more of our business partners (which website contains a link to these Terms of Use) and the services that may be offered on each of the sites; our affiliate program(s) and corporate accounts; the ability to order products and receive newsletters and promotional emails; and any related links ( the "Sites") or mobile applications (the "Apps") (collectively the "Services"). This Terms of Use also governs access to and use of the Shiekh brand Sites and Apps (which are considered Services as defined herein), including, the Karmaloop, PLNDR and MLTD websites. The Sites, Apps and Services are provided as a service to our customers. Please review the following Terms of use, which govern your use of the Services.

Your access to or browsing or use of the Services signifies your consent to these Terms of Use. If you do not agree to these Terms of Use, please do not use the Services. You agree that the agreement formed by these Terms of Use is like any written, negotiated agreement signed by you, and you agree to be bound by, and fully comply with, its terms. You represent and warrant that you have all necessary rights, power, and authority to enter into this agreement and to perform and otherwise discharge all of your obligations hereunder. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Please check these Terms of Use periodically for changes. Your continued use of the Services following the posting of changes to these Terms of Use (including our Privacy Policy ), subject to our procedures for material changes to our Privacy Policy will mean you accept those changes.

IMPORTANT : Please read the following Terms of Use carefully as they affect your legal rights. These Terms of Use contain a binding arbitration provision set forth below in Section titled “Alternative Dispute Resolution and Arbitration Agreement”. Except where prohibited by applicable law, these Terms of Use require you to arbitrate disputes with us rather than resolve disputes through a judge or jury trial, or any court proceedings, or class actions of any kind. By accessing, or using the Services, you hereby waive any and all rights to initiate or participate in any class action lawsuit or representative action with respect to any disputes or claims arising out of or relating to these Terms of Use or the Services.

Right to Change these Terms of Use and the Services

We reserve the right to modify, suspend or discontinue the Services or any service, content, feature or product offered through the Services, with or without notice, at any time and in our sole discretion.  You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services, or any service, content, feature or product offered through the Services.

User Responsibilities

The Services’ content is prohibited from being copied, reproduced, scraped, downloaded, distributed, modified, republished, uploaded, licensed, adopted, adapted, edited, posted, or transmitted in any way, except as may be otherwise explicitly permitted by us in writing. You agree not to engage in such activities, nor to create any kind of derivative works from or exploit the content of the Services in any way.

You represent and warrant that: you will perform under these Terms of Use in compliance with all applicable laws and regulations; you are not (i) located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country, or (ii) listed on any U.S. Government list of prohibited or restricted parties; and all information you provide in connection with your access to or use of the Services is true, accurate, and complete to the best of your knowledge and belief. You also represent and warrant that: (a) you have, to the extent required by applicable law, obtained and will continue to obtain and maintain all consents, notices, and opt-out opportunities in order to allow us to make use of your information and User-Generated Content as contemplated in these Terms and our Privacy Policy ; and (b) your User-Generated Content and all other information provided to us does not infringe misappropriate, or otherwise violate the intellectual property rights, privacy rights, or other proprietary right of any third party.

You will NOT, and you will NOT allow any third party to:

1. Use the Services in a manner other than as expressly permitted by these Terms of Use;
2. Use the Services for any purpose or in any manner that is unlawful or prohibited by these Terms of Use, including, without limitation, for any commercial purpose;
3. Delete, obscure, or change any copyright, trademark, or other proprietary designations, notices, or markings in or on the Services;
4. Translate, merge, adapt, update, modify, reconfigure, reverse-engineer, disassemble, decompile, prepare any derivative works of, discover the underlying ideas behind, or discover the source code of the Services, or combine the Services or any part thereof with any other computer code, programs, materials, or services;
5. Copy, reproduce, display, duplicate, sell, publish, disclose, post, license, rent, scrape, or distribute the Services or any part thereof;
6. Use the Services, including, without limitation, any Services’ content, in any way that infringes on or violates the rights of any other person or entity, including, without limitation, any patent, trademark, trade secret, copyright, other intellectual property rights, privacy rights, and publicity rights;
7. Commit fraud or falsify information in connection with your access or use of the Services;
8. Work around any of the technical limitations of the Services or use any tool to enable features or functionalities that are otherwise disabled on the Services;
9. Perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services by other users, or impose an unreasonable or disproportionately large load on our infrastructure;
10. Engage in activities that aim to render the Services or associated services inoperable or make their use more difficult;
11. Attempt to disable, damage, overburden, impair, or gain unauthorized access to the Services or our servers;
12. Engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Services (including, without limitation, using spiders, crawlers, robots, indexing agents, and screen scrapers) for purposes of creating or compiling that content for any purpose;
13. Harvest or otherwise collect or store personal information about other users of the Services, including, for example only, email addresses, without the express consent of such users;
14. Post, transmit, input, upload, or otherwise provide any information or materials that contain any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines;
15. Impersonate or attempt to impersonate any person or entity other than yourself, falsely state or otherwise misrepresent your identity or status, misrepresent your affiliation with a person or entity, create a false identify, or hide your true identity; nor
16. Send, post, or transmit any unsolicited messages, chain letters, spam, or junk mail using the Services, or attempt to collect personal information about third parties without their knowledge or consent.

Without limiting the foregoing, You may not interfere with the security of, or otherwise abuse the Services or any system resources, services, or networks connected to or accessible through the Services. You may only use the Services for lawful purposes and are prohibited from using the Services in a manner that is contrary to or in violation of these Terms of Use. Shiekh may, at any time and for any reason, in its sole discretion, and without notice or liability, suspend, deactivate, or terminate your access to or use of the Services, and may terminate these Terms of Use, including, without limitation, if you breach these Terms of Use or any other applicable agreement or if you act in a manner inconsistent with applicable laws or regulations.

We make no—and you acknowledge that we make no—representation that the Services or the materials on the Services are appropriate or available for use in all locations. Those who choose to access the Services do so on their own initiative and at their own risk and are responsible for compliance with state and local laws, if and to the extent state and local laws are applicable.

We reserve the right to limit the availability of the Services, materials, or other items described or offered thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such services, materials, or other items provided.

Restrictions on Use of Services Content

Unless otherwise noted, the Services, including, without limitation, all materials on the Sites or Apps, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Shiekh Content"), are owned, controlled, lawfully used, or licensed by Shiekh Shoes, LLC, its subsidiaries, or its affiliates (referred to as “Shiekh”, "we," "us," or "our" herein).  In addition, the trademarks for third party products available on the Sites or Apps are owned by third parties and lawfully used by Shiekh on the Services.

The Services and the Shiekh Content are intended solely for personal, non-commercial use. No right, title or interest in any downloaded Shiekh Content is transferred to you as a result of any downloading or copying from the Services. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Shiekh Content or the Services. Absolutely no framing of the Sites or Apps is permitted without the prior written consent of Shiekh. You may not copy, decompile, reverse engineer, disassemble, or attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof. Except as expressly stated in this legal notice, no right or license to the materials, or any portion thereof, shall be granted or implied.

Unauthorized Trade

Transshipping and grey market trade hurt our distribution, undermining our business and that of our Customers. Shiekh products are for sale to retail consumers for personal use only. Sales to other retailers, jobbers, distributors, freight forwarders, brokers, or any other person where an Account knows (or reasonably should know) that the products are likely being purchased for resale, are prohibited.

Accounts

You may be required to create an account and specify a password to use certain features on our Services. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the registration processes. You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password, or other account information.

You are responsible for maintaining the confidentiality of your password and your account, and you are responsible for all activity made by you or anyone that uses your account. You agree to safeguard your password from access by others. If you believe that your account has been compromised, you must immediately contact us by emailing support@shiekh.com or calling 1.888.574.4354. Shiekh shall not be responsible for any loss that results from the unauthorized use of your password, with or without your knowledge, and you agree to indemnify and hold harmless Shiekh for losses incurred by Shiekh or another party due to someone else using your account as a result of your failure to use reasonable care to safeguard your password.

Shiekh may, at any time and for any reason, in its sole discretion, suspend, deactivate, or terminate your account or your access to or use of the Services, and may terminate these Terms of Use, without notice or liability, including if you breach these Terms of Use, upon any unauthorized use of your account, username, or password, if you act in an abusive manner, if you act in a manner inconsistent with applicable laws or regulations, or if it becomes no longer commercially viable to provide the Services to you. If we suspend, deactivate, or terminate your account, you will not create another account without our prior written permission. You may terminate your account at any time by selecting that option on the Services. You understand that, after termination of your account, your use of the Services, or these Terms of Use, any User-Generated Content you have provided may remain in our systems and may continue to be used by other Services users, as applicable.

Specials, Promotions and Sweepstakes/Contests

Please read the official rules that accompany each special offer, coupon, discount, contest and sweepstakes that we may offer or conduct.

User Comments, Feedback, and Other Submissions

If you send certain specific submissions (for example contest entries) or you post comments, photographs, videos, audio, or other content or send creative ideas, suggestions, comments, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "User-Generated Content"), you agree that Shiekh may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any such User-Generated Content that you forward to Shiekh in perpetuity.  Shiekh is and shall be under no obligation (1) to maintain any User-Generated Content in confidence; (2) to pay compensation for any User-Generated Content; or (3) to respond to any User-Generated Content.  Shiekh has the right but not the obligation to monitor and edit or remove any User-Generated Content.

If you provide User-Generated Content, you agree to grant and you hereby grant Shiekh a perpetual, irrevocable, transferable, assignable, sublicensable, royalty-free, fully paid-up, worldwide right and license to copy, modify, adapt, reformat, reorganize, translate, excerpt, prepare derivative works of, store, publish, perform, display, license, exploit (commercially or otherwise), and otherwise use and distribute, in all media and distribution methods now known or later developed, that User-Generated Content for purposes of making it available to other Services users and the public and for Shiekh’s own business purposes (including, without limitation, aggregation, analytics, marketing, development of products and services, and for commercial purposes). Notwithstanding the foregoing and for the avoidance of doubt, we will use and disclose information that reasonably identifies a natural person only to the extent permitted by applicable law.

You agree that your comments will not violate any right of any third party, including, without limitation, copyright, trademark, privacy or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services. You are solely responsible for any User-Generated Content you create or that you otherwise submit and for their accuracy. Shiekh takes no responsibility and assumes no liability for any comments posted by you or any third party.  You agree to indemnify Shiekh for any third party claims against Shiekh relating to or arising out of your User-Generated Content.

Unless otherwise specified in a particular Site or App, you may only post User-Generated Content to the Services if you are a resident of the United States and are sixteen (16) years of age or older. You are not permitted to post any User-Generated Content if you are under the age of sixteen (16). You may only post User-Generated Content that you created or which the owner of the User-Generated Content has given you permission to post. If User-Generated Content depicts any person other than yourself, you must have permission from that person or, if that person is a minor, permission from that person's parent or legal guardian, before you post the User-Generated Content. You may be required to provide proof of such permission to Shiekh. You may not post or distribute User-Generated Content that is illegal or that violates these Terms of Use. By posting or distributing User-Generated Content to the Services, you represent and warrant that (a) you own all the rights to the User-Generated Content or are authorized to use and distribute the User-Generated Content to the Services and (b) the User-Generated Content does not and will not infringe any copyright, trademark, right of publicity, or any other third-party right nor violate any law or regulation.

You are solely responsible for anything you may post on the Services and the consequences of posting anything on the Services. If you believe that any content on the Services infringes any copyright that you own or control, please follow the process described below under “Copyright Complaints.”

Personal Information Submitted Through the Sites

Your submission of personal information through the Sites or Apps is governed by our privacy policy, which can be reached by clicking on the "Privacy Policy" link located in the footer section of the Sites and App (the "Privacy Policy"). These Terms of Use incorporates by reference the terms and use of the Privacy Policy.

SMS Messaging

The Sheikh Shoes mobile message service (the "Service") is operated by Shiekh Shoes (“Shiekh”, “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 our SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Sheikh 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 Shiekh. Your participation in this program is completely voluntary. You represent that you are the account holder for the mobile telephone number that you provide when enrolling in our text messaging program. If you change or deactivate that number, you are responsible for notifying us at +18885744354 immediately.

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 keyword command STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to +18885744354 (or such other number from which you received the message) or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. You may also opt out by emailing us at support@shiekh.com . If you have subscribed to other Shiekh 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 +18885744354 or email support@shiekh.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, HELP, or other 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. Please note that, even if you opt out of receiving promotional communications from Shiekh, you may still receive administrative communications from us with respect to your use of this Site, the Services, or our services and products (e.g., shipping notifications).

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 . 

Content Posted by Third Parties

Shiekh is not responsible for, and does not endorse, content in any posting or User-Generated Content made by other users on the Services. Under no circumstances shall Shiekh be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with any User-Generated Content posted by a third party on the Services. If you become aware of misuse of the Services by any person, please contact Shiekh by emailing support@shiekh.com or calling 1.888.574.4354. If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.

Use of Services

Impersonation of others, including, without limitation, a Karmaloop or Shiekh employee or representative, as well as another user is prohibited. You may not upload to, distribute, or otherwise publish through the Services any content which is libelous, defamatory, obscene, threatening, an invasion of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Services or use the Services to solicit others for any other commercial online service or other organization.

You may not without the prior written permission of Shiekh, use any computer code, data mining software, "robot", "bot", "spider", "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on the Sites or Apps, or accessed through this Site or App or any of the Services. You may not engage in the mass downloading of files from the Services; use the computer processing power of the Services for purposes other than those permitted above; or flood the Services with electronic traffic designed to slow or stop its operation. You may not establish links to or from other websites to the Services without the prior written consent of Shiekh.

Shiekh reserves the right, but is not obligated, to do any or all of the following:

• Investigate an allegation that any User-Generated Content posted on the Services does not conform to the Terms of Use and determine in its sole discretion to remove or request the removal of the User-Generated Content;
• Remove User-Generated Content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms of Use;
• Terminate a user's access to the Services upon any breach of these Terms of Use;
• Monitor, edit, or disclose any User-Generated Content on the Services; and
• In Shiekh’s sole discretion and without cause, it may edit or delete any User-Generated Content posted on the Services, regardless of whether such User-Generated Content violates these standards or these Terms of Use.

Copyright Complaints

If you believe any User-Generated Content or Shiekh Content on the Services infringes on your copyright, you may request removal of such User-Generated Content or Shiekh Content (or access thereto) from any of the Services by contacting Shiekh as set forth below and providing the following information:

• Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL or page within the App) of an authorized version of the work.
• Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
• Information reasonably sufficient to permit us to contact you, such as, your name, address, telephone number, and e-mail address.
• A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
• A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
• A signature or the electronic equivalent from the copyright holder or authorized representative.

Send this information by mail to :

Shiekh Shoes
494 North E Street
San Bernardino, CA 92401
(888) 574-4354

In an effort to protect the rights of copyright owners, Shiekh maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Services who are infringers.

Intellectual Property

The Services and Shiekh Content are the exclusive property of Shiekh or its suppliers and is protected by U.S. and other copyright, trademark or other intellectual property laws and rights, and international treaties. The content and software on the Services is only permitted for use as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Services is strictly prohibited. Karmaloop, PLNDR, Kazbah, Shiekh and Shiekh Shoes are registered trademarks of Shiekh Shoes, LLC. The absence of a trademark, trade name or service mark from the above list does not constitute a waiver of our intellectual property rights concerning that trademark, trade name or service mark. No licenses, express or implied, are granted by Shiekh to you under any patent, copyright, trademark, trade secret, or other intellectual property right of Shiekh and all such rights are reserved and retained by Shiekh or our suppliers and licensors. ALL RIGHTS RESERVED. All other product names contained in the Services are trademarks or registered trademarks of their respective owners. The use or misuse of these trademarks except as expressly authorized is prohibited. Shiekh enforces its intellectual property rights to the fullest extent of the law. If you have questions concerning the legal notices stated above, you may contact Shiekh Shoes, LLC., c/o General Counsel 1777 S. Vintage Avenue, Ontario, CA 91761.

Errors, Inaccuracies, and Omissions

Occasionally there may be information on our Services that contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Services is inaccurate at any time without prior notice (including after you have submitted your order). Notwithstanding the above, we undertake no obligation to update, amend or clarify information in the Services or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Services or on any related website should be taken to indicate that all information in the Services or on any related website has been modified or updated. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.

Links to Other Websites and Services

The Services may contain links to other websites that are not under the control of Shiekh. Shiekh has no responsibility for the linked websites nor does linking constitute an endorsement of any linked website. Links are provided solely for the convenience and information of the Services’ users. Shiekh does not accept any responsibility for such websites. Sheikh shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third-party websites or linked resources. These Terms of Use and our Privacy Policy do not apply to your use of any third-party websites, so be sure to review any applicable terms and policies of third-party sites.

Warranty Disclaimer

The Services, Shiekh Content, and User-Generated Content (and the materials, widgets and products contained therein) are provided "as is", “as available”, and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, Shiekh disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Shiekh does not represent or warrant that the functions contained in the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services or the server that makes it available are free of viruses or other harmful components. Shiekh shall have no liability for interruptions or omissions in Internet, network, or hosting services. Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk. You are and will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. Shiekh does not warrant or make any representations regarding the use or the results of the use of the materials in the Services in terms of their correctness, accuracy, reliability or otherwise. You (and not Shiekh) assume the entire cost of all necessary servicing, repair or correction. Some states do not permit limitations or exclusions of implied warranties, so the above limitations may not apply to you. When the implied warranties are not allowed to be excluded in their entirety, they will be limited to only those required by law, for the shortest duration permitted by law, and will be limited to the maximum extent permitted by law. You may also have other rights which vary from state-to-state.

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall Shiekh be liable for any indirect, punitive, incidental, special or consequential damages that result from the use of or the inability to use the Services or the performance of the widgets or products, even if Shiekh or authorized representatives of Shiekh have been advised of the possibility of such damages. Some states do not permit limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such jurisdictions, our liability will be limited to the maximum extent permitted by law. Notwithstanding the foregoing, in no event shall Shiekh's total, maximum liability to you for damages, losses and causes of action (whether in contract, negligence or otherwise) exceed the lesser of (1) $100.00 USD or (2) amount(s) paid by you, if any, for accessing the Services.

You agree and acknowledge that you must file any claim, action or Dispute (through the process set forth in the “Alternative Dispute Resolution and Arbitration” section of the Terms of Use or otherwise) within thirty-six (36) months after the applicable claim, action or Dispute arose, or such claim, action and Dispute are forever barred.

Indemnification

As a condition of use of the Services, you agree to indemnify, defend, and hold harmless Shiekh, its officers, directors, employees, agents, licensors and suppliers (collectively the "Indemnified Parties") from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your use of the Services, including, without limitation, any claims alleging facts that if true would constitute a violation of these Terms or Use or any activity related to your account (including, without limitation, negligent or wrongful conduct) by you or any other person accessing the Services using your account. We reserve, and you grant to us, the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the prior written consent of Shiekh. This indemnification section will survive any termination or expiration of these Terms of Use.

Product Orders

All orders placed through the Services are subject to Shiekh's acceptance. Shiekh may refuse to accept or cancel any order (in its absolute sole discretion), whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your payment method has already been charged for an order that is later cancelled, Shiekh shall issue you a refund.

You must be 18 years or older and have a valid credit card, with full authority to use it, to submit an order through any of our Sites. You agree not to use any of our Sites or any content contained in it for any illegal or inappropriate activities.

Alternative Dispute Resolution and Arbitration Agreement

THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY HAVE INSTEAD CHOSEN TO HAVE ALL DISPUTES DECIDED THROUGH INDIVIDUAL ARBITRATION. THE PARTIES FURTHER UNDERSTAND THAT THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.

You and we hereby agree and consent that any claim, controversy, or dispute related to or arising out of access to and use of the Services, our marketing or communication with you, these Terms of Use (including the breach hereof), any promotions offered by Shiekh, or telephonic outreach, whether based in contract, tort, statute, or other legal theory (“Disputes”), will be resolved by binding arbitration before a single arbitrator as described below. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this agreement to binding arbitration, including, but not limited to, any claim that all or any part of this arbitration agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under the law or in equity. Nothing in this arbitration agreement shall be construed as a waiver of either party’s right to seek public injunctive relief, and you and we agree to cooperate to affect the stay of any requests for public injunctive relief.

Any and all actions taken under this arbitration agreement are confidential and must not be disclosed to any third party. Any arbitral award will be final and binding and may be enforced by any court of competent jurisdiction. This arbitration agreement applies to you and Shiekh and its affiliates and related entities. Interpretation and enforcement of this arbitration agreement will be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), provided that if the FAA is found not to apply to any issue of interpretation and enforcement, then the issue shall be resolved under the laws of the State of Delaware.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA Consumer Arbitration Rules, which are available at  https://www.adr.org/Rules .All AAA arbitration proceedings will be held in a location reasonably convenient to both parties consistent with the AAA’s Consumer Arbitration Rules. If you intend to seek arbitration you must first send a written demand for arbitration (“Demand”), by first class mail, FedEx, or UPS within the appliable statute of limitations. Notwithstanding anything to the contrary in the AAA Consumer Arbitration Rules, the respondent in any Dispute will have the right to depose the claimant. Your Demand shall be sent and delivered to Shiekh support@shiekh.com . The Demand must describe the nature and basis of the claim and the specific relief sought. If the parties cannot reach an agreement within 30 days after Shiekh’s receipt of the Demand, either party may initiate arbitration proceedings. A form to initiate arbitration proceedings is available on the AAA site at  www.adr.org . In addition to filing this form with the AAA, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send such a copy to Shiekh support@shiekh.com .

If any court or arbitrator determines that any term in this arbitration agreement is unenforceable for any reason as to any claim, then this arbitration agreement will be inapplicable to that claim only, and that claim will instead proceed through litigation in court rather than by arbitration, but only after the conclusion of the arbitration of any claim or dispute that is subject to this arbitration agreement.

Except if this arbitration provision does not apply, arbitration shall be your exclusive remedy.

Class Action, Class Arbitration, and Jury Trial Waiver

You and we further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration agreement set forth in this section shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exceptions

Notwithstanding the parties’ agreement to resolve all disputes through arbitration (i) either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction; and (ii) either party may bring suit in court to enjoin infringement or other misuse of intellectual property or proprietary rights. Any institution of any action for injunctive relief will not constitute a waiver of the right or obligation of the claiming party to submit any claim seeking relief other than injunctive relief to arbitration.

Mass arbitration

If ten (10) or more demands for arbitration of a dispute or claim subject to the arbitration agreement set forth herein are initiated: (i) that involve common questions of law or fact and (ii) where the initiating parties are represented by the same law firm, the same group of coordinated law firms, or the same representative; then such demands shall be coordinated pursuant to this paragraph. The group of claimants and group of respondents shall each select three (3) demands, for a total of six (6), to be filed with AAA (collectively the “Mass Filing Demands”). Each of the Mass Filing Demands shall be assigned by AAA to a different arbitrator chosen from its national roster. The remaining demands shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims until they are selected to proceed to individual arbitration proceedings until after ninety (90) days from the date all Mass Filing Demands have been arbitrated and all appeals are exhausted. After ninety (90) days from the date all Mass Filing Demands have been arbitrated and any appeals exhausted, any remaining Demands subject to this paragraph may be filed with AAA. The AAA Supplementary Rules for Multiple Case Filings shall apply to the extent they are not inconsistent with this paragraph. Notwithstanding any other provision in the Terms, you and Shiekh agree that a court of competent jurisdiction shall have authority to enforce the terms of this paragraph with injunctive or other relief.

Choice of Law; Entire Agreement and Severability

These Terms of Use shall be construed in accordance with the laws of the state of California, U.S.A. without giving effect to any principles of conflicts of law, and expressly not by the United Nations Convention on Contracts for the International Sales of Goods. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the state or federal courts located in San Bernardino County and you hereby consent and submit to the personal jurisdiction of such courts. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Shiekh's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as described herein.

If you access and use this website outside the United States you are responsible for complying with your local laws and regulations. We reserve the right to limit the availability of the Services, materials, or other items described or offered thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such services, materials, or other items provided.

Notice for California Users

Under California Civil Code Section 1789.3, California website users 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 by telephone at 1-800-952-5210.

California's Proposition 65 entitles California consumers to special warnings for products that contain chemicals known to the state of California to cause cancer and birth defects or other reproductive harm if those products expose consumers to such chemicals above certain threshold levels. We care about our customers' safety and hope that the information below helps with your buying decisions. For more information about California Proposition 65  click here .

Miscellaneous

Any provisions of these Terms of Use that are intended to survive termination (including, for example, any provisions regarding indemnification and limitation of our liability) will continue in effect beyond any termination of these Terms of Use or of your access to or use of the Services.

These Terms of Use are not assignable, transferable, or sub-licensable by you except with Shiekh’s prior written consent. These Terms of Use provide only for the use of the Services. These Terms of Use shall not be construed as a teaming, joint venture, or other such arrangement, unless the parties expressly and explicitly execute an agreement to that effect.

The waiver of any provision of the Terms of Use shall not be considered a waiver of any other provision or of Shiekh's right to require strict observance of each of the terms herein. If any provision of the Terms of Use is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.

Any heading, caption or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

How to Contact Us

If you have any comments or questions, please do not hesitate to contact us at support@shiekh.com or at 1-888-574-4354, or write us at:

Corporate Headquaters
Shiekh Shoes
494 North E Street
San Bernardino, CA 92401
(888) 574-4354